Hate Speech and Minorities: Redefining Free Speech

Authors

  • Jorge Correcher Mira Profesor Ayudante Doctor de Derecho penal, Universitat de València

DOI:

https://doi.org/10.36151/td.2020.016

Keywords:

Hate speech, free speech, cancel culture, chilling effect, silencing effect, vulnerable group

Abstract

 

The starting point of this paper consist in the redefinition of free speech, as well as its formal and informal limitations, in the context of hyperexposure consequence of the digital revolution. With this purpose, in addition to the description of this reality, some practices derived from the use of social network as a political strategy will be considered. For example, the so-called cancel culture, taking into account the informal restriction to free speech created by this scenario. Likewise, this article also analyses the hate speech legal framework, and the issues that its criminalization supposes from the free speech protection, considering its trivialisation as a consequence of ignoring minorities and vulnerable groups protection as its guiding criteria.

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Published

2020-12-23

How to Cite

Correcher Mira, J. (2020). Hate Speech and Minorities: Redefining Free Speech. Teoría & Derecho. Revista De Pensamiento jurídico, (28), 166–191. https://doi.org/10.36151/td.2020.016