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- Title
Razão ou sensibilidade? Decidindo casos sobre liberdade de expressão: lições do cenário norte-americano.
- Authors
Mendonça Terra, Felipe
- Abstract
The paper proposes that judicial decisions on freedom of speech should be guided by predefined parameters and rules that could guide the judge on the exam of balancing and proportionality in these cases. To this end, the paper assesses the concepts of minimalism and maximalism on judicial decisions, arguing that maximalist decisions on this context might help the creation of rules and standards. It also exposes the standards built by the U.S. Supreme Court, which can be identified, in the comparative law, as the most intricate model on freedom of speech cases. The aim, therefore, is to hold that the creation of rules and standards can, besides of bringing certainty and predictability to the judicial activity, guarantee the preferred position of the fundamental right of freedom of speech.
- Subjects
FREEDOM of speech; FREEDOM of expression; DECISION making; LIBERTY; UNITED States. Constitution. 1st Amendment; SPEECH -- Law &; legislation
- Publication
Universitas Jus, 2016, Vol 27, Issue 1, p163
- ISSN
1519-9045
- Publication type
Article
- DOI
10.5102/unijus.v27i1.3551