[2] As such, the UN Committee found that the speaker's comments contained ideas of racial superiority and hatred, making the speech "exceptionally offensive" and not protected by the right to freedom of expression.
[6] The Supreme Court of Norway found that penalizing approval of Nazism would involve prohibiting Nazi organizations, which it considered would go too far and be incompatible with the right to freedom of speech.
The majority held that the speech contained derogatory and offensive remarks, but that no actual threats were made, nor any instructions to carry out any particular actions.
The Committee reaffirmed that the prohibition of all ideas based upon racial superiority or hatred is compatible with the right to freedom of opinion and expression and concluded that the statements of Mr. Sjolie [sic], given that they were of exceptionally/manifestly offensive character, are not protected by the due regard clause, and that accordingly his acquittal by the Supreme Court of Norway gave rise to a violation of article 4, and consequently article 6, of the Convention (Para 10.5).
[1] Significant conclusions include also that the deference to Hitler and his principles and 'footsteps' must in the Committee's view be taken as incitement at least to racial discrimination, if not to violence (Para 10.4).