Democracia, liberdade de expressão e o valor equitativo das liberdades comunicativas

Francisquini, Renato

doi:10.11606/t.8.2014.tde-23012015-184904

Cited by 1 publication

(2 citation statements)

References 80 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…For the state to accomplish what is expected by the collectivist approach, functioning mechanisms to control state action must be in place. A process of selecting representatives that itself is not marked by structural inequalities and, of course, a political system that is open to the communicative flow that emerges from civil society must also exist (FRANCISQUINI, 2014). Following an argument made by Foucault, it can be stated that control structures come to life and threaten the autonomy even of those who create them: "If we create structures of heteronomy, we shall all, sooner or later, be condemned to inhabit them.…”

Section: IIImentioning

confidence: 99%

“…When such a system works well, it can preserve an environment of tolerance, despite the existence of pluralized and contradictory moral and ethical beliefs. In this way, public debates are able to function as multiple mirrors that are directed toward society, establishing the range of legitimate decisions that are able to inform interinstitutional dialogues and decision-making processes (FRANCISQUINI, 2014).…”

Section: Toward a Fair Value For Communicative Libertiesmentioning

confidence: 99%

See 1 more Smart Citation

On The Limits of Free Speech: Towards the Fair Value of Communicative Liberties

Francisquini

2015

Bras. Political Sci. Rev.

Self Cite

View full text Add to dashboard Cite

This study addresses, from a theoretically oriented perspective, the relationship between freedom of expression and democracy, trying to assess its implications for the regulation of mass media. Starting with a legal case in which a TV channel and a journalist were prosecuted for hate speech, looking at the reaction of the São Paulo Press Association to the case, I examine three perspectives on the statute and the reach of expressive libertiesthe Millian Principle, the collectivist approach, and the participatory view-which connect these liberties to the ideas of moral autonomy and self-determination. For different, but related, reasons, these views present a conception of free speech that would not garner universal agreement in a pluralistic society. Moreover, some of the ideas defended could justify rules (or the absence of them) that might harm the social bases of self-respect. In opposition to these lines of thought, I argue for the fair value of communicative liberties; i.e., the idea that everyone should have access to the same rights and effective conditions to exercise communication. This means a fair distribution of opportunities for occupying the mediated public space and the establishment of rules to discourage the dissemination of ideas that fail to acknowledge the equal respect that we owe to each other as members of the political association. Democracy, I shall contend, comprises both private and public autonomy. A fair system of communicative freedom is to be seen as the outcome of and the upholding force in a democratic society.

show abstract

Section: IIImentioning

confidence: 99%

Section: Toward a Fair Value For Communicative Libertiesmentioning

confidence: 99%