Constitutional versions of articulation of the freedom of speech in the constitutions of the countries of South America

Abstract

  This article analyzes the constitutions of South American countries for determining the constitutional formats of guaranteeing the freedom of expression. The goal of this research lies in systematization of the variants of constitutional articulation of the freedom of speech, determination of the constitutional approaches towards formalization of the freedom of speech and the “watershed” between them. Research methodology leans on the general scientific techniques and methods of scientific cognition: formal-legal, linguistic-legal and comparative-legal methods for examining the constitutional texts of South American countries, regulation and articulation of the conceptual versions of the freedom of expression reflected therein. The scientific novelty is defined by the absence within the constitutional-legal science of comprehensive research on articulation of the freedom of speech in the constitutions of the countries of South America. The main conclusions are as follows: the examined constitutional texts contain provisions that have grounds to be interpreted in relation to the freedom of speech; most common constitutional versions imply the freedom of expression of idea, the freedom of thought and opinion, and the freedom of opinion. It is determined that the freedom of expression of ideas, thoughts, and opinions in the constitutional texts is articulated equally through both, right and freedom. The authors also indicate the “watershed” between thought, opinion, and idea.