There are a lot of words in the judgment that we should look
Impugned involves an attack of the law being unconstitutional.
o 2) We should know what the methodology of the court is as it goes
about its business of yes or no of whether a law is unconstitutional
The methodology involves a series of steps
We should be able to understand these steps, master them, and
o 3) What happened in this case?
What is the majority judgment? What is its decision?
What is the dissent?
It moves us to understand what the dissent is saying
The opinions are sharply delineated.
Of course, only the majority counts, but often they are
important because they make clearer the judgment.
o 4) We should have our own ideas about the subject matter.
Consider our thinking on the things for ourselves.
This is a huge issue, not only in Canada, but everywhere (hate
speech/propaganda against targeted groups)
What do we think?
Should the criminal law be used to deal with hate
Should hate propaganda be protected or prohibited?
This is important because it concerns not only the targeted
individuals, but also all of society.
Philosophy of Free Expression
- Consider Mill’s value of free expression.
o Both the majority and dissent pick up on these ideas.
- Why is free expression so important?
o There are essentially three main values that underpin free expression
First: the ability for us to express ourselves, as we want, helps
us to realize ourselves as individuals.
Therefore, it helps us, in self-realization, to know who
Second: Free expression allows us to arrive at “truth”. It’s a
way of finding this truth.
Thirdly: it allows us to be participatory in our democracy. It’s a
way to allow us to participate in the political, social, and
- Mill has a lot important things to say
o In the marketplace of ideas, it if important to have a flea market,
where the clash and competing of ideas occur
From their clash, truth may emerge
- Mill talks about the peculiar evil of stifling free expression