Fys: Free Speech and Its Limits
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Freedom of speech, and the related freedom of the press, are core values for democracies -- and for universities, in which the freedom to challenge accepted beliefs is assumed to be essential to advancing knowledge. The 1st Amendment to the US Constitution guarantees freedom of speech and of the press, as do the Canadian Charter of Rights and Freedoms and the European Convention on Human Rights among other statements. But like other rights, my right to freedom of speech may conflict with yours, or it may infringe on other important rights or societal objectives. As a result, freedom of speech cannot be (and in practice is not) unlimited. In this seminar, we will be asking why freedom of speech has been accorded such importance, and how and why it might legitimately be limited, in politics, in business, in everyday life, and in universities, looking both at the United States and at other liberal democracies. Reading will include opinions (both majority and dissenting) of courts in the United States, Canada, and Europe, with discussion informed by Justice Robert Jackson’s quip about the US Supreme Court (but equally applicable to other top-level courts): “We are not final because we are infallible, but we are infallible only because we are final.”
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