CRIM 335 Chapter Notes - Chapter 9: Commercial Speech, National Post, Visual Pollution
19 Oct 2018
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Even before charter, freedom of expression was recognized by scc as inherent in our system of gov. Democracy rests on premise that public issues be freely & openly debated. Freedom to criticize those who exercise power in our society - very lifeblood of our democratic tradition. Criticism of public institutions & officials will not always be respectful & measured. Those who challenge established authority often have to resort to strong language & exaggeration to gain attention. Freedom of expression also vital in other areas of human activity outside realm of politics. More recently, scc emphasized that freedom of expression must include right to express outrageous & ridiculous opinions. 2 rationales for extending guarantee this widely. Instrumental in nature & reflected by metaphor of marketplace in ideas , posits that free flow of ideas is best way to get at the truth. Second values expression less for results it produces than for intrinsic worth to indiv.
