Freedom of Expression: what lessons should we learn from US experience?
Abstract Freedom of Expression is becoming a theme of growing importance and visibility in Brazil. Newspapers report daily legal suits against “hate speech” concerning race and religious discrimination. Many courts are also imposing high compensation damages that are challenging the “right to ridicu...
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| Format: | Article |
| Language: | English |
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Fundação Getúlio Vargas, Escola de Direito
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| Series: | Revista Direito GV |
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| Online Access: | http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322017000100274&lng=en&tlng=en |
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| author | Ronaldo Porto Macedo Junior |
| author_facet | Ronaldo Porto Macedo Junior |
| author_sort | Ronaldo Porto Macedo Junior |
| collection | DOAJ |
| description | Abstract Freedom of Expression is becoming a theme of growing importance and visibility in Brazil. Newspapers report daily legal suits against “hate speech” concerning race and religious discrimination. Many courts are also imposing high compensation damages that are challenging the “right to ridicule” in comedy shows and newspapers cartoons. The Brazilian public opinion in general tends to be sympathetic to more restrictive rules that may threaten freedom of expression in Brazil. There is nowadays in Brazil an unexpected agreement among the right wing, religious groups, and many human rights movements that support a European model of free speech. In many ways, the “Brazilian Model” based on balancing doctrine and a vague conceptualization of Human Dignity gives a lot of discretion for courts to decide the limits of freedom of expression. Court decisions based on balancing rhetoric is becoming dominant in Brazilian Constitutional court and usually try to avoid some epistemological issues concerning objectivity and moral justification. This article advocates that Brazilian interpretation of freedom expression has a lot to learn from the US model and doctrine. The US more strict and conceptual jurisprudence on this issue offers a powerful and democratic alternative to the balancing model and represents a rich conceptual analysis still unknown by Brazilian courts. |
| format | Article |
| id | doaj-art-be1c6dc483c64a11b570e2fb91068cc8 |
| institution | Kabale University |
| issn | 2317-6172 |
| language | English |
| publisher | Fundação Getúlio Vargas, Escola de Direito |
| record_format | Article |
| series | Revista Direito GV |
| spelling | doaj-art-be1c6dc483c64a11b570e2fb91068cc82025-02-02T12:45:22ZengFundação Getúlio Vargas, Escola de DireitoRevista Direito GV2317-617213127430210.1590/2317-6172201711S1808-24322017000100274Freedom of Expression: what lessons should we learn from US experience?Ronaldo Porto Macedo JuniorAbstract Freedom of Expression is becoming a theme of growing importance and visibility in Brazil. Newspapers report daily legal suits against “hate speech” concerning race and religious discrimination. Many courts are also imposing high compensation damages that are challenging the “right to ridicule” in comedy shows and newspapers cartoons. The Brazilian public opinion in general tends to be sympathetic to more restrictive rules that may threaten freedom of expression in Brazil. There is nowadays in Brazil an unexpected agreement among the right wing, religious groups, and many human rights movements that support a European model of free speech. In many ways, the “Brazilian Model” based on balancing doctrine and a vague conceptualization of Human Dignity gives a lot of discretion for courts to decide the limits of freedom of expression. Court decisions based on balancing rhetoric is becoming dominant in Brazilian Constitutional court and usually try to avoid some epistemological issues concerning objectivity and moral justification. This article advocates that Brazilian interpretation of freedom expression has a lot to learn from the US model and doctrine. The US more strict and conceptual jurisprudence on this issue offers a powerful and democratic alternative to the balancing model and represents a rich conceptual analysis still unknown by Brazilian courts.http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322017000100274&lng=en&tlng=enLiberdade de expressãodiscurso de ódiodoutrina da ponderaçãomodelo brasileiromodelo norte-americano |
| spellingShingle | Ronaldo Porto Macedo Junior Freedom of Expression: what lessons should we learn from US experience? Revista Direito GV Liberdade de expressão discurso de ódio doutrina da ponderação modelo brasileiro modelo norte-americano |
| title | Freedom of Expression: what lessons should we learn from US experience? |
| title_full | Freedom of Expression: what lessons should we learn from US experience? |
| title_fullStr | Freedom of Expression: what lessons should we learn from US experience? |
| title_full_unstemmed | Freedom of Expression: what lessons should we learn from US experience? |
| title_short | Freedom of Expression: what lessons should we learn from US experience? |
| title_sort | freedom of expression what lessons should we learn from us experience |
| topic | Liberdade de expressão discurso de ódio doutrina da ponderação modelo brasileiro modelo norte-americano |
| url | http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322017000100274&lng=en&tlng=en |
| work_keys_str_mv | AT ronaldoportomacedojunior freedomofexpressionwhatlessonsshouldwelearnfromusexperience |