Tutela de la libertad de expresión y protección de los sentimientos religiososSTC 192/2020, de 17 de diciembre

Abstract

In the last decade we are witnessing some episodes where a conflict arises between two fundamental rights, the right to freedom of expression and the right to religious freedom, rights that have maintained a continuous struggle with a long tradition. This conflict has led the courts to define the profiles that guarantee the peaceful exercise of both rights in a democratic society. It is not a question of easy solution, nor unanimous in its resolution, especially if we take into account that the religious feelings of the affected citizens come into play, whose safeguarding must be protected by the public powers in accordance with our constitutional system. This is the context in which the Constitutional Court pronounces in ruling 192/2020, where it is recognized that, like other fundamental rights, freedom of expression is also subject to the limits set in the Constitution with which its exercise must be consistent, respecting the normative content guaranteed by other fundamental rights.