Hate speech and violence: the effects of silence and psychoanalysis

Abstract

Freedom of expression includes the possibility that its content has an odious framework, that is, ideas that have the meaning of prejudice, discrimination, intolerance. Thus, the idea of ​​​​hate speech emerges as a possible limitation to freedom of expression. In this context, the present article assumes as a general objective to verify if the prohibition of hate speech triggers the practice of violence against minority groups, instead of curbing them. The idea is to contribute to the development of the argument that the prohibition of hate speech can lead to more hate, denying the autonomy of individuals, their place of speech and their notion of equality, becoming an impulse to resist against the different, eliminating it or disregarding it as equal. The contribution is made with a bibliographic and documentary research, of an interdisciplinary nature, in which we sought to reconcile studies in the areas of Law and Psychology. It was concluded that not all hate speech should be limited, but only one that can violate interests in an unfair way that is capable of causing danger of real and imminent harm to another. Unlike this, hate speech must be tolerated.