i don't know much about french law, only what happens when an extreme right group publicizes a racist/fascist opinion. so i am not sure about where this restriction on freedom of speech comes. but as charles seems to suggest, i would say that in the case of racist/fascist opinions, those opinions are equated to racist/fascist acts and thus are criminal in nature. i have a few memories of my linguistic classes where i heard about 'performatory' speech. in that meaning racist/facist declarations can be interpreted as criminal acts.
same with sexual harrasment, what makes verbal harrasment a crime if freedom of speech is _absolutely_ granted ?
jc helary