DOG WHISTLES AND CAT SENSES – HIDDEN EXTREMISM AND THE FRAMEWORK ОF LEGAL OVERSIGHT IN EUROPEAN COURT OF HUMAN RIGHTS CASE LAW

This paper examines the challenges posed by hidden extremist messages communicated through coded language, memes, irony, and discursively veiled expressions within the framework of the European Court of Human Rights’ (ECtHR) case law. It develops a methodological framework for assessing such speech, drawing on discourse analysis, speech act theory, and the concept of “dog whistle” communication. Through an analysis of ECtHR and selected national decisions, the study highlights the tension between safeguarding freedom of expression under Article 10 of the European Convention on Human Rights and addressing disguised incitement to hatred or violence. It argues that courts must adapt their interpretative tools to account for the evolving forms of extremist rhetoric in digital environments, where messages often operate simultaneously on multiple semantic levels.