Freedom of Expression & Its Limits

The violent attacks on Capitol Hill in Washington, DC, on January 6th were, in large part, a culmination of four years of a political regime that incited violence and hatred based on racism, white supremacy and xenophobia. In the aftermath, governments, law enforcement and the public are searching for ways to hold the perpetrators accountable and ensure such violence isn’t repeated, even as threats of similar mob violence on inauguration day rise.

An easy mistake to make in any discussion of freedom of expression is to believe there is absolute certainty anywhere in the definition of that term. If you are jumping into a debate on free speech certain you know exactly what you believe (plus all the implications of that belief), chances are you’ve grossly over-estimated your own position. If you’re doing that on Twitter, either get your thumbs familiar with the block/mute functions, or free up a lot of time for an epic Twitter fight unlikely to solve anything for anyone.

On September 10, 2020, the Supreme Court of Canada released its highly anticipated decisions in two cases addressing the interpretation and application of Ontario’s “anti-SLAPP” laws.  The two appeals — 1704604 Ontario Ltd. v. Pointes Protection Association and Bent v.

I don’t want to read one more piece that begins, “In these difficult (unprecedented, challenging, etc.)  times,” and neither do you. However, since the world changed, I have serious and long-term concerns about teaching and free expression. Now that the greater part of the K-12 experience has moved online or to other internet based instruction, and at the same time society has become less tolerant of unpopular opinions, I fear that we may be developing a generation of students who do not know how to disagree without becoming disagreeable.

On July 30, 2018, the newly elected Ford government introduced legislation reducing the size of Toronto City Council from 47 to 25 councillors. Bill 5 was enacted in haste on August 14, 2018, about two weeks later.

As we have seen in recent elections and in the present pandemic, misinformation can do real harm.  But the Canadian government’s plan to consider legislation to criminalize the spreading of misinformation is the wrong response. Criminalization will not stop misinformation. In fact, it often draws more attention to it, as well as undermines civil liberties and human rights essential in a democratic society.