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- While space for legitimate political expression is something that the “freedom convoy” might claim, many aspects of the protest are now falling outside the scope of that constitutional right. Governments have a responsibility to enforce limits on expression, especially those already reflected in justified existing laws.
law.queensu.ca/news/Freedom-convoy-good-bad-ugly-constitutional-aspects
Feb 10, 2022 · When it comes to Section 2b rights, both the courts and government have recognized numerous justified limitations. Expression through violence has always been excluded from the scope of the Charter’s constitutional protection, and threats of violence are also now clearly outside Section 2b.
Nov 1, 2020 · The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals.
- Gehan Gunatilleke, Gehan Gunatilleke
- ggunatilleke@law.harvard.edu
- 2021
Nov 10, 2017 · Freedom of expression is a fundamental human right that must be upheld in democratic societies. Yet there is a worrying global trend of governments unjustifiably limiting freedom of speech, targeting journalists, protesters and other persons considered to be dissenting from government views.
- Emily Howie
- 2018
If the government wishes to control attempts to convey a meaning, either by directly restricting the content of expression or by restricting a form of expression tied to content, its purpose would trench upon the guarantee of free expression.
Feb 12, 2022 · Governments also have a duty to police illegal content effectively, using appropriate detection and enforcement technologies and prosecuting charges in court (Hope not Hate, 2021, p. 3). Any restrictions on the right to freedom of expression must be lawful, necessary and proportionate.
- david.bromell@vuw.ac.nz
Jan 19, 2024 · These interests make it difficult to justify coercive restrictions on people’s communications, plausibly grounding a moral right to speak (and listen) to others that is properly protected by law. That there ought to be such legal protections for speech is uncontroversial among political and legal philosophers.
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Nov 17, 2022 · While the Charter guarantees the right to free expression as one of Canada’s constitutionally protected fundamental freedoms, it also allows governments to impose limitations on it. Courts may be called upon to determine if, as required by the Charter, these limitations are proven to be reasonable and justifiable in a free and democratic society.
