POLSCI 3NN6 Lecture Notes - Grater
4 Feb 2014
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And what about expression that is unpopular and in some ways might be harmful to society: criminal expression. With hate propaganda they were promoting hate but however the government ended up losing. Then we moved onto pornography and should there be protection under the charter and yes it is protected under expression. Re: prostitution reference continued: hate propaganda, v. zundel, obscenity/ pornography, v. butler. The court said there was explicit sex with violence and without violence that degraded and dehumanized, and then there was sex that had neither violence nor degradation. They held that only the final version that had no violence or degradation found that it fell in the right category and that it was saved by section one. Sex with violence and sex without violence that degrograted human. Long story short government was able to prohibit the justifiable of expression. On the oakes test, this kind of expression does not stand on an equal footing.
