Freedom of Expression & Its Limits

Recently, a young woman in the US found a beautiful red cheongsam or qipao in a vintage clothing store. She bought it and wore it to her high school prom -- and then things got out of hand. She was accused of cultural appropriation by some people and lauded for cultural appreciation by others. As if getting that perfect prom dress weren’t difficult enough!

Even as technology transforms the world of communication – as it has over the course of history – defamation law remains strangely impervious to change. True enough, the law has evolved over time – indeed centuries – but nonetheless seems as beholden as ever to an archaic muddle of backwater rules and concepts.

On April 11, 2018, President Trump signed into law two anti-trafficking bills which will not only censor consensual sex workers, but will also profoundly affect freedom of expression on-line.

Barry Neufeld is a man with many opinions – but, not everyone thinks he should be permitted to express them. Mr. Neufeld is an elected trustee of the Chilliwack, BC school board. He believes that the school board's new sex education curriculum is bad for kids. He is particularly upset that it teaches about gender identity and transgender people.

In its recent draft Position on Online Reputation, the Office of the Privacy Commissioner of Canada (OPC) has suggested the options of removing webpages from search engine results, or “de-indexing”, along with “source takedown.”  

Imagine that I am a teacher who has decided to teach my students about cultures other than their own. I want those students to understand that wearing a kirpan, a turban, a kipa, a hijab, or a niqab does not make a person less Canadian, less deserving of respect, or “abnormal.” So, I decide I will wear items belonging to my own cultural practices as a demonstration of how easily we can all interact with the diverse community around us. I choose, as a Muslim woman, to cover my hair with a hijab and cover my lower face with a niqab.