POLSCI 3NN6 Lecture Notes - Lecture 12: Renting, Sex Shop, The Offence
5 Apr 2014
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Document Summary
Commercial expression (advertising): individuals have the right to advertise without having a limitation of the state. Protected by 2b, but there are instances where the courts have placed restrictions on these. Criminal expression: violence not protected but other criminal activity can be. Court found how much desired activity was protected under 2b even if it was criminal: hate propaganda: expression that constitutes crime. No content based restrictions on expression, entitled to protection. R. v. zundel: distributing literature and pamphlets claiming the holocaust was a fraud. Charged with spreading false news: causing harm to public interest. Conviction upheld, he was acquitted by the supreme court of canada on the basis that spreading false news violated his charter rights. They found that the limits were not justifiable under section one, and had to do with the nature of the offence: the offence did not have specific statements or other info for the public to raise it.
