Hate Speech and Freedom of Expression in Canada and the United States.

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Hate Speech and Freedom of Expression in Canada and the United States. Congress shall make no law... abridging the freedom of expression. First Amendment to the United States Constitution Everyone has the following fundamental freedoms: (b) freedom of thought, belief, opinion and expression... s. 2(b) of the Canadian Charter of Rights and Freedoms Canada and the United States are not alike in every way, nor have the documents entrenching rights in our two countries arisen in the same context. It is only common sense to recognize that, just as similarities will justify borrowing from the American experience, differences may require that Canada's constitutional vision depart from that endorsed in the United States. C.J. Dickson in R. v. Keegstra Both the First Amendment to the United States Constitution and s. 2(b) the of the Canadian Charter of Rights and Freedoms protect the freedom of expression. (1) Yet in both countries governments motivated by concern for the public welfare have attempted to suppress "hate speech," a category of expression commonly defined as consisting of offensive, abusive, and insulting language that targets individuals and groups on the basis of race, ethnicity, religion, or gender. Hate speech is undeniably ugly, so much so that even persons normally leery of censorship might be tempted to agree that nothing of value is lost by its suppress ion. But constitutional guarantees cannot be evaded so easily. Hate speech is still speech, and thus would seem to fall under the protection of the First Amendment and s. 2(b) of the Charter. From the legal standpoint, the question is not whether laws for the suppression of hate speech are desirable as a matter of public policy; the question is, are they constitutional? In roughly parallel cases decided within two years of one another, the Supreme Court of the

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