Freedom of expression: the limits of a fundamental right called into question

Abstract

Is the right to free speech endangered? This paper aims at answering that question from a judiciary perspective through the analysis of relevant cases, because of their media impact or because of the strength of the opinions within the judgment. It is no light chore, given the social media boom, often a go-to source for information and opinion on the most varied ítems, even for state media, owed to their effortless spread and worldwide access. In this context, one might ask if are we witnessing a reformulation of what freedom of expression means. The task begins with the constitutional outline of the fundamental right as set forth by the Constitutional Court, the dissimilarity between freedom of expression and the right to receive and impart information and the eternal conflict with honor, privacy and own image. Anyway, as there is –no doubt– freedom of opinion, everyone may make their own judgement on those judgments; nevertheless, one thing is clear a priori, courts’ labour is becoming more and more intense and, although some voices praise the harshness in the judiciary response, the fact is that, when rights collide, court action is still a means to arbitrate differences.