Is the proof (of speech freedom) in the cake? Forme e limiti della libertà di espressione nella recente giurisprudenza statunitense e britannica

The present essay aims to analyze two recent judgements of the United States and United Kingdom Supreme Courts referring to “symbolic speech”. In particular, both deal with the (possible) clash of rights of protection of homosexuals against discrimination and those of freedom of expression (and religion) of people who interact with them and disapprove homosexuality and related conducts. After a brief description of these cases and the judicial solutions adopted, some critical reflections will be drawn about the extension of the constitutional principle of freedom of expression and the slippery slope of an excessive (and perhaps discriminating) enlargment of it.