Abstract
In this paper, we investigate the fundamental right to free speech, its extension and applicability in the American and Brazilian jurisprudence. To do so, we present a literature review of the main theories developed by American jurists, as well as the critics and challenges that they face. Through these elements, we discuss a set of arguments that support the right to free speech and some opposite hypothesis that challenge its content, such as hate speech, pornography, fake news, and the obligation to exhibit some sensible contents. Following this dogmatic approach, we provide an analysis of some cases of the main courts of the United States and Brazil, developing a comparative study between the decisions taken in these countries. Further, we conclude that the protection granted by the Brazilian state to freedom of expression is not based on clear decisive criteria and is therefore subjected to a high degree of inaccuracy and insecurity.
Keywords:
Free speech; Fundamental rights; Comparative Law