religious freedom as a right of free speech

Abstract

Religious freedom is a right that can be understood through two conceptions: as a right of expression and as a right of identity. This duality is related, though not identical, to that between  an  individual  perception  and  a  community  perception  of  the  right  to  religious freedom, and is evident in the legal regulation of this right. It is particularly evident in legal regulations that place limits on expression. In these cases, how the right to religious freedom is conceived will determine the boundaries of this right. This article argues that religious freedom should be construed first and foremost as an individual right. |The individual right was related to the expressive-critical aspect of religious freedom, and the community right to its identity aspect. However, both aspects inform the right to religious freedom to a certain extent even in its construction as an individual right, and this contribution explores some of the implications of this balance on the regulation of religious speech.