In this book, Richard Moon puts forward an account of freedom of
expression that emphasizes its social character. Such freedom does
not simply protect individual liberty from state interference; it
also protects the individual's freedom to communicate with others.
It is the right of the individual to communicate: an activity that
is deeply social in character, and that involves socially created
languages and the use of community resources, like parks, streets,
and broadcast stations. Moon argues that recognition of the social
dynamic of communication is critical to understanding the potential
value and harm of language and to addressing questions about the
scope and limits on one's rights to freedom of expression.
Moon examines the tension between the demands for freedom of
expression and the structure of constitutional adjudication in the
Canadian context. The book discusses many of the standard freedom
of expression issues, such as the regulation of advertising,
election spending ceilings, the restriction of hate promotion and
pornography, state compelled expression, freedom of the press,
access to state and private property and state support for
expression. It examines several important Supreme Court of Canada
decisions including Irwin Toy, Dolphin Delivery, RJR Macdonald,
Keegstra and Butler.
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