PHILOS 3Q03 Chapter Sumner: PHILOS 3Q03 Chapter : Readings 23 – Sumner “The hateful and the obscene- studies in the limits of free expression”
6 Jan 2020
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Readings 23 sumner the hateful and the obscene: studies in the limits of free expression . The 1990s: canada introduced two new legal provisions concerning hate speech and pornography: these remain intact today, highly controversial. While most canadians favor anti-hate laws, there are still the minority who do not: also, citizens are uniquely divided on laws pertaining to censoring pornography. In order to justify an infringement (limitations) on section 2b rights of freedom expression in the charter, courts must demonstrate the recognizable type of harm that would happen if there were no limits in place. Throughout the 90s, the court continued to employ a harm-based approach when considering limits to forms of expression. To answer these, we must consider legitimate harms on normative and deceptive grounds. Looking at sexual violence understood to include any sexual treatment by a man onto a woman that is characterized by the use of force, threat or deception: ex: rape.
