Balancing Expression: A Comparative Analysis of Speech Regulation in the Czech Republic and the United States

Abstract

This paper explores the divergence of attitude toward speech and expression in the Czech Republic and the United States, despite their similar foundational democratic structures and values. By examining statutes, case law, history, and cultural attitudes, this analysis provides insight into the differing transatlantic approaches to speech – specifically, the divide between safeguarding against historically harmful expression versus granting potentially offensive expression for the sake of dialogue and freedom. While both nations regulate speech that incites violence, the Czech Criminal Code criminalizes certain types of speech. In comparison, the U.S. consistently promotes a society with robust freedom of expression, instituting only narrowly tailored judgements and precedent. This paper analyzes the intricacies of speech regulation, its effect on discourse, and its role in the larger context of the European Union. As the digital age has trans- formed the intensity, spread and nature of speech, this paper examines the tradeoffs of balancing expression for nations that hold the same democratic ideals, and how Czechia’s approach can leave a nation more susceptible to government overreach in speech regulation.