Jip Stam (1993) graduated in political science and jurisprudence and philosophy of law at Leiden University (both cum laude) and is an external PhD candidate at the department of Jurisprudence. His academic interests mainly focus on legal theory, political philosophy and constitutional law.

More information about Jip Stam

Jip's doctoral research concerns the use of criminal law to restrict freedom of expression in public debate,a topic that has been the subject of both societal and academic interest since the conviction of politician Geert Wilders in 2020. A notable aspect of this case is that it applied a consideration by the Dutch Supreme Court in which repressive action against 'hate speech' – criminalised in the Netherlands as group defamation (Article 137c of the Criminal Code) and incitement to hatred or discrimination (Article 137d of the Criminal Code) – is considered a matter of liberal-democratic self-defence. Specifically, the central question is whether statements made by politicians “incite intolerance”. By applying the Articles 137c and 137d in this way, these provisions have become more than just offences against public order; they have also acquired a function in a constitutional doctrine that aims to protect the liberal democratic constitution as such.

In his thesis, Jip examines how this doctrine has become part of the relevant European and Dutch case law and attempts to explain its origins from various legal theory perspectives. This reveals that weighing up the importance of combating hate speech against the protection of freedom of expression as a matter of liberal democratic self-defence or the paradox of tolerance is, on the one hand, a logical development but, on the other hand, also entails major risks that could undermine liberal democracy as well. To substantiate this thesis, Jip uses various theories, including the theory of constitutional development of Wim Couwenberg (1926-2019). This theory offers a number of starting points for explaining and assessing the turbulent development of the tension that arises from the application of criminal provisions.

The (translated) title of the thesis is “Freedom of speech and the suppression of discrimination in the Netherlands: a constitutional-developmental approach” and will be defended by Jip on 12 November 2025 at 2.30 p.m. in the Grand Auditorium of the Academy Building.

Publications