The First Amendment and Section 1 of the Charter
Media and Communications Law Review, Vol. 1, pp. 59-126, 1990
68 Pages Posted: 10 Jun 2010
Date Written: June 9, 2010
The purpose of this article is to examine the Charter's concepts of breach and justification from the perspective of American First Amendment jurisprudence. After discussing the relevance of textual differences, the author analyzes the evolution of First Amendment doctrine. In doing so, she identifies the functional equivalents of Canada's concepts of breach and justification in the U.S. jurisprudence. She concludes that restrictions on the definition of "freedom of speech" under section 2(b) of the Charter are analytically unsound, because limitations on the right are ultimately justificatory.
Keywords: Section 1, Canadian Charter, First Amendment Doctrine, US Jurisprudence, Freedom of Speech
JEL Classification: K10
Suggested Citation: Suggested Citation