Abstract

GARCIA HIGUERA, Rubén. Freedom of Speech, Equity and Democracy: an analysis of the Inter-American Court of Human Rights decisions. Andamios [online]. 2020, vol.17, n.42, pp.17-57.  Epub Aug 28, 2020. ISSN 2594-1917.  https://doi.org/10.29092/uacm.v17i42.734.

This paper examines the grounds of the Inter-American Court of Human Right decisions regarding freedom of speech. Particularly, it is focused on the relation among freedom of speech, democratic process and public sphere regulation. In doing so, we elaborate the two paradigms from which freedom of speech has been interpreted in the United States´ academy and jurisprudence -the “free market of ideas” and the “wide-open public debate”-. Then, the Inter-American Court decisions are scrutinized in the light of these models.

Keywords : Freedom of speech; equity; democracy; free market of ideas; robust public debate.

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