FREEDOM OF SPEECH AND ITS LIMITS: CONTRIBUCTION TO THE STUDY OF THE SUBJECT FROM JEREMY WALDRON

• Autor(a) principal: Leão, Martha Toribio
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Eletrônica do Curso de Direito da UFSM
• Texto Completo: http://periodicos.ufsm.br/revistadireito/article/view/e37763
• topic: Hate speech; Freedom of expression; Balancing of principles.; El discurso del odio; Libertad de expresión; Equilibrio de principios.; liberdade de expressão; discurso de ódio; sopesamento de princípios

The aim of this article is to critically analyze Jeremy Waldron’s theory on freedom of expression and regulation of hate speech. In order to do so, the article is divided in three parts. In the first part, Jeremy Waldron’s theory on freedom of speech is analyzed through the examination of its three cornerstones (dignity, sense of assurance and vulnerability) and it is shown that Waldron’s theory allows for the balancing of principles especially in virtue of the consequences produced by the speech. In the second part, the main critics formulated by Edwin C. Baker and Ronald Dworkin against Jeremy Waldron’s theory are presented, as well as their respective answers. In the third part, the critic formulated by Ronald Dworkin against Jeremy Waldron’s theory, in the sense that it allows for the restriction of free speech even when this represents a violation of individual rights, is defended. The article concludes that Waldron’s thesis fails in creating objective controllable criteria to define the hypothesis in which hate speech must be prohibited or regulated.