Resumo

POU GIMENEZ, Francisca. Freedom of Speech and Homophobic Language in Mexico: is the Supreme Court's Constitutional Theory Correct?. Bol. Mex. Der. Comp. [online]. 2014, vol.47, n.140, pp.585-616. ISSN 2448-4873.

The article discusses a recent decision by the Mexican Supreme Court whereby damage re-sultingfrom the use f discriminatory language may in certain cases appropriately counterweightfreedom f speech. The ruling expresses thesis at three different levels, all f them relevant from the viewpoint of constitutional theory. First, it expresses a vision of the kind of exercise the Court should deploy when reviewing sentences in amparo: it is a maximizing vision that the author considers to be fundamentally correct. At a second and third level, with different degrees of specificity, it proposes a particular constitutional readingfor the revision of the case at hand. On this count and given the relevant historic-constitutional context, the article celebrates the Court's willingness to counterweight free speech with antidiscrimination-based considerations, though in terms of the sub-rules of decision used to pin down the general reading it identifies both successes and failures.

Palavras-chave : Freedom of Speech; Homophobic Language; Amparo; Mexican Supreme Court; Constitutional Decision Rules.