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CFE Blog

Blog April 20, 2017

How to Stand on Your Head

The Free Speech movement at Berkeley in the 1960s is within the memory of many of us. In Canada as in Europe, the 60s saw lasting improvement in the way universities run themselves, along with important reforms in the whole society. There was a push for access, equality, and fairness, a campaign led as much from below (the growing popular sentiment for egalitarian policies in health care and education, for instance) as from above (Lyndon Johnson and the Great Society).
Blog March 27, 2017

Component Parts of Effective Anti-SLAPP Legislation

Strategic Lawsuits Against Public Participation (“SLAPPs”) are when Big Resources (private or public sector) sue Little Resources (individuals, non-profit organizations) in order to silence them.  If the person or organization being sued (often for defamation) can’t afford to fight the case, they are effectively prevented from speaking out on the subject that got them SLAPP’ed. The case may be weak or even ludicrous, but the merits of the case don’t matter if you can’t afford to defend yourself in court. 
Blog March 13, 2017

Can an attack on belief amount to hate speech against a religious group?

In hate speech regulation a distinction is generally made between an attack on a (religious) group, which if sufficiently extreme may amount to hate speech, and an attack on the group’s beliefs, which must be permitted, even when it is harsh and intemperate. A ban on hate speech should apply only to assertions that the members of the group are less worthy or less human than others or that they necessarily share certain undesirable traits – that they are by nature dangerous and should be treated accordingly. Attacks on belief are a different matter.
Blog February 28, 2017

Authority and Freedom at UCLA, Toronto, and UBC

March in Los Angeles is a sweet month full of sunny, windless, dry days. In 2016 just after Presidents’ Day, I was at UCLA to visit two museums. The weather was fine and the university was outdoors. To get from one museum to another, I passed through the central campus where students staffed busy kiosks flogging popular causes—complete with boom boxes and street dancing. Soon I was nose to nose with four energetic students, two men and two women who wanted my signature on petitions.