ANALYSIS OF LIMITATIONS ON FREEDOM OF THOUGHT AND EXPRESSION
Abstract
This study analyzes the conditions for limiting freedom of thought and expression. A distinction is proposed in two phases, one internal in the mind of the person who thinks, will, thought, conscious reasoning, weighing the consequences, decision and expression of thought by any means, and another external after expressed, with valuation by third parties, either by acceptance, rejection or indifference. Perspectives of freedom of expression are also presented through the theories of Justice of Michael Walzer and John Rawls. It was concluded that both freedom of thought and freedom of expression can suffer self-limitation, rationally and consciously, by those who think. So, freedom of thought should not be limited by others, unless rationally and consciously acquiesced, freedom of expression may be limited against the will of the thinker as long as it is observed: which relevant values should prevail between the expresser and the potential recipient, and who can thus limit that freedom. For the first question, it is necessary to understand which values or social interests are being put into evidence. And for the second, ultimately relying on the Judge State to impose certain limits. And because it is a mere essay, it does not claim to be complete or exhaustive, to admit probable and expected limitations by third parties for future studies.
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