Abstract

MARCIANI BURGOS, Betzabé. The sexist language and the hate speech: an excuse to discuss about the limits of freedom of speech and liberal tolerance. Rev. Derecho Estado [online]. 2013, n.30, pp.157-198. ISSN 0122-9893.

Abstract The notion of hate speech is common in the American legal tradition, referred to those offensive expressions directed to certain groups, mainly those identified as traditionally excluded minorities. The case of the hate speech enlightens the way the right to freedom of speech as an American tradition - very reinforced in a democratic-political theory that supports this right not so much in its character of individual right, as in its utility for the governmental democratic system - has rejected the restriction or banning of these type of expressions, emphasized the value of the public opinion and the market of ideas. On the contrary, the legal system swith continental tradition have been proved as less permissive opposite to this type of expressions, considered as a threat to the dignity and the human being equality. This paper does not seek to provide an exhaustive explanation on how the hate speech (or alike) has been legally regulated in the compared constitutional right. Instead, it is an excuse to go into detail about the current discussion saro und the liberal tolerance, freedom, equality, the acknowledgement of the minorities and the subject's identity formation. Being all matter of intense debate between the liberal authors, communitarians, feminists, and defender sof the ethics of recognition, among others. This paper defends an option, weak to be restricted, of the hate speech based on a pragmatic and argumentative conception of the law and rights, and on the validity of creative alternatives against the legal censorship, like the resignification of speech, the counter speech and the education.

Keywords : Freedom of speech; right to equality and protection against discrimination; pornography; racial vilification; hate speech; tolerance; liberalism.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )