THE DISSIDENT’S FREEDOM OF EXPRESSION AND ITS CASE LAW IN THE UNITED STATES AND EUROPE

Abstract

This paper aims at analyzing the development, first in the United States and then in Europe, of the inclusion, as part of the right to freedom of expression, of the opinions or ideas, either with words or provocative and challenging acts, which call into question the established order or some of the main institutions of the State. In order to do so, the case law of the Supreme Court of the United States and that of the European Court of Human Rights will be examined. Finally, the paper concludes with a reminder to the legislator and the Spanish courts that this broad guarantee of freedom of expression is protected by the Constitution and by the human rights treaties ratified by Spain.