CMN 2180 Lecture 8: Untitled 2
5 Jan 2018
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Document Summary
> there"s an objective/concrete test to judge what activities constitute expressive activities which enjoy protection under sec 2b of the charter (foe, freedom of the press) > 2 test we need to learn: irwin toy test (itt) > case that prohibit advertisers from targeting ads to kids under the page of 13, company challenged this under freedom of expression (commercial expression), scc concluded that commercial expression is protected under 2b of the charter. > scc: expressive activity (advertising in this case) in question attempts to convey meaning, then that expressive activity is protected under 2b. > under itt, content does not matter, as long as attempt to convey meaning the content doesn"t matter: oakes test. > oakes test from the oakes case, test that"s applied when gov. trying to save a piece of legislation that the courts find unconstitutional (demonstrably justified ) > takes the language of section 1, and creates an objective test.
