Freedom Of Expression Flashcards
Freedom of expression vs freedom of speech
Is broader
Includes any activity of seeking receiving, and imparting information or ideas regardless of medium
Is fundamental freedom in CCRF
Different Rights
Negative rights- right to be left alone
Positive right- self mastery requires society (education, raise family, being human)
Republican right- right to not be arbitrarily denied (not based on policy, dont like your face)(reasonable person)
Ex) on island- perfect neg and rep but no pos
Monarch in 15th cent- neg and pos but no rep
Pos, neg, reb
We gave lots of pos, quite a few reb, and neg are quite constrained
Protections of technology
Print media- strongest protections (newspaper magazines) most oppinions, gov couldnt shut down
Broadcast media - some protections but not as strong as print
Common carriers - not controlled seen as a private conversation
But social media does not fit any of these three categories
Section 230 also complicates things
Constitutional protections
Charter of rights and freedoms
Section 2
Fundamental freedoms
-freedom of thought, belief, opinion, and expression, including freedom of the press and other media
Kenneth minogue
Comapring medieval where people know their place
Always not in equilibrium, must have discussion where people agree with constitutional procedure
Protections
Meant to protecr citizens from government
Prohibiting restrictions of speech, press, peaceful assembly, religion
Motivations for free speech
Promotes free flow of ideas essential to political democracy
Limits the ability of the state to subvert other rights and freedoms
Promotes marketplace of ideas including search for truth
Valuable paet of self actualization
Dangers for good gov of allowing its suppressions
Gov can not shut down ideas, have to be careful what they supress
Offensive speech
Some protected and some not
- when citizens need gov protection from expression of other citizens
Tension arises when freedom of expression conflicts with other fundamental freedoms
Political or religious speech Pornography Sexual or racial slurs White supremacist materials Abortion information Alcohol ads
Offence and harm
Cause no harm to anyone but yourself
Hate speech: enthic or religious minorities that make them uncomfortable about being there or force leave
Women- no other way to not feel offended other then leaving and men lose nothing to take pic down
Have tradeoffs with harm and offense
Obscene
Usually applies to sexual acts
Sexual violence or dehumanizing and degrading way
Ca has been criticized for handling obscenity
Focus on the nature of the material and its broad impact
R vs Sharpe: images illegal, not the pocession but the intent behind them
Us: determined by community standards
Eu: material tends to deprave or corrupt people
Children
Children can see same things adults can on the internet
Online proprietors do not know if the customer is a child posing as an adult
Two illegal activites
- child pornography
-luring children into sexual activity
Censorship laws
Several US laws
CDA 1996 COPA 1998 CHIPA 2002
Speech not permitted
Canada
CRTC 1999 but does not regulate Canadian internet (2021-2022 looking to regulate)
Censorship
Oliver holmes- said it was wrong and that free speech should exist even in war times. Free trade of ideas where better logic is the one that stands
Lenin- freedom of press means freedom of rich to bride the press. Censorchip heavily in Russia. Wanted to censor the censors
There does not yet exist any reliable universial prinicple securing liberalisms enfranchisement of free expression
Cato the elder
Censor- lock down on behaviour, moral appropriation
Horrified that teachers from Greece teaching young Romans to question everything
Visiting philosophers dismissed from Rome
