Abstract

FLORES PACHECO, Moisés Israel. Restrictive crimes of freedom of expression and its unconstitutionality. Analysis of three cases solved by the National Supreme Court of Justice. Estud. derecho inf. [online]. 2020, n.10, pp.33-55.  Epub Oct 28, 2024. ISSN 2594-0082.  https://doi.org/10.22201/iij.25940082e.2020.10.14659.

This article analyzes the existence of definitions of crime in the Mexican legal system that restrict freedom of expression and that fall in the category of indirect restrictions, which are prohibited by the Constitution. It affirms that these definitions have an inhibiting effect of the diffusion of opinions, ideas and information in Mexico, for generating a type of self-censorship given that they prohibit, pursue and sanction conducts related to the obtention and spread of information, as well as other forms of expression. To demonstrate the thesis, firstly, the text conceptualizes freedom of expression and its importance, and highlights its dimensions: individual and social. Next, conceptual approaches to censorship, prior censorship, and self-censorship as restrictions on freedom of expression are made. Finally, by way of example, it reviews three analyzed cases by the Mexican Supreme Court in order to exemplify how these definitions were declared unconstitutional.

Keywords : Freedom of expression; censorship; self-censorship; crimes of defamation; insult and slander; crime of disturbance to public order; crime of “Halconeo”.

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