freedom of expression
-
The Confusion in Hate Speech
The Alberta Court of Appeal delivered an interesting decision on the meaning and application of prohibition on “hate speech” in the province’s human rights legislation. The case, Lund v. Boissoin, 2012 ABCA 300, concerned the publication in a Red Deer newspaper of a letter to the editor urging citizens to resist “the homosexual agenda”, and… Continue reading
-
There’s Nothing in That Name
This morning, the Supreme Court delivered a decision that is a further small step in the debate about the right of litigants to privacy and the right of the public to know what goes on in our courtrooms. I blogged about these issues here and here. The applicant in the case, A.B. v. Bragg Communications Inc., 2012 SCC 46, is… Continue reading
-
What’s in a Name?
The CBC has a story about criticisms of Ontario’s rules which allow the publication of the parties’ names in family law court decisions. The availability of these decisions online, especially on CanLII, makes them widely accessible―and people are concerned about others learning the details of their divorces, their personal information, or even seeing allegations made… Continue reading
-
Words and Misdeeds
Following up on my musings here and here on the reasons why we think it is sometimes permissible to punish a person for saying something that is likely to cause others to act in a certain way, and sometimes not, my friend Simon Murray asks a very sensible question: in what other cases do we sanction people… Continue reading
-
The Rewards of Punishment
I wondered aloud, yesterday, about the difference between falsely shouting “fire” in a theatre and causing a panic, and producing an incendiary video likely to cause murderous violence half a world away. Actually, I wondered whether there was any difference; I wasn’t able to come up with a convincing distinction. Eugene Volokh, over at the… Continue reading
-
Shouting Fire
A hateful idiot makes a nasty video about Islam and posts it on Youtube. Predictably enough, similar things having happened a number of times over the last few years, murderous violence breaks out in some Muslim countries as a consequence. (Unusually, there have been Western victims this time.) Predictably too, some people have been calling… Continue reading
-
The Only Thing Worse Than Being Talked About
Is being talked about in a court decision that’s available online for all to see. At least if you’ve sued a former employer, and are looking for a new job. At the Volokh Conspiracy, Eugene Volokh reports on a case in which a man who believes he lost employment opportunities because prospective employers found out… Continue reading
-
Google, Speaker and Censor
Some recent stories highlight Google’s ambiguous role as provider and manager of content, which, from a free-speech perspective, puts at it at once in the shoes of both a speaker potentially subject to censorship and an agent of the censors. The first of these is an interesting exchange between Eugene Volokh, of UCLA and the… Continue reading
-
En Français S.V.P./In English Please
In 2008, the Township of Russel, just outside Ottawa, passed a by-law requiring any new commercial sign to be bilingual. An angry activist and a shopkeeper challenged the validity of the by-law. The Court of Appeal for Ontario has rejected their challenge, in Galganov v. Russel (Township), 2012 ONCA 409, released last Friday. Before getting… Continue reading
-
More about Election Law
There are two things to mention today, both related to election law, and more specifically to restrictions on “third-party” speech in the pre-electoral context. First, Radio-Canada reports that Québec’s Chief Electoral Officer has been in touch with the leaders of the student organizations who are protesting the tuition fee hikes announced by the provincial government. The… Continue reading
Double Aspect 