Abstract

Reason and sentiment rule individuals' choices and sometimes they come into conflict. This conflict might be relevant from a constitutional point of view, when the law limits free speech to protect individuals' or groups' feelings. The paper takes into account two cases: the American jurisprudence on Creationism v. Darwinism and the criminalization of negationism in a comparative perspective. Both are taken as examples of «sense and sensibility» as possible constitutional values.