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HUMA 1825 (221)


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York University
HUMA 1825
Shirley Katz

OUTLINE FOR LECTURETHE LIMITS OF FREEDOM OF EXPRESSION PORNOGRAPHY AND PUBLIC MORALITYR v Butler 1992 1 SCR 452R v Labaye 2005 3 SCR 728IN SEARCH OF A THEORY OF HARMFebruary 27 2012Professor KatzINTRODUCTIONThe two cases R v Butler another Charter case and R v Labaye a criminal law case and not a Charter case which are the subject matter of todays lecture are the completion of the second segment of the course on legal moralism defined as the criminalization of harmless wrongdoingthe topic for today the evolution of the courts thinking on harm and sexual morality and the resolution ofthe MillDevlin debate on this subject matterImportance of the subject matter and the search for a theory of harm Takeaway i the interrelation of the theory and the case law and ii another Charter case on the limits of freedom of expression what a constitutional law case entails the law is on trial the course of analysis and the application of the Irwin Toy and Oakes tests BRIEF OVERVIEW AND REVIEW OF THE THEORYWhen can the state use the criminal law to legislate moralityMills harm principle one very simple principleentitled to govern absolutely the dealings of society with the individual in the way of compulsion and control whether the means used be physical force in the form of legal penalties or the moral coercion of public opinion pp 29341
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