Flavio Guella, Cinzia Piciocchi

Freedom of Expression between Reason and Sentiment

  • Abstract

Informations and abstract

Keywords: Law and Science, Law and Sentiment, Freedom to Teach, Creationism, Evolutionism, Negationism.

Reason and sentiment rule individuals' choices and sometimes they come into conflict. This conflict might be relevant from a constitutional point of view, when the law limits free speech to protect individuals' or groups' feelings. The paper takes into account two cases: the American jurisprudence on Creationism v. Darwinism and the criminalization of negationism in a comparative perspective. Both are taken as examples of «sense and sensibility» as possible constitutional values.

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