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

See all articles by Jamie Cameron

Jamie Cameron

York University - Osgoode Hall Law School

Date Written: June 9, 2010

Abstract

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

Cameron, Jamie, The First Amendment and Section 1 of the Charter (June 9, 2010). Media and Communications Law Review, Vol. 1, pp. 59-126, 1990. Available at SSRN: https://ssrn.com/abstract=1622807

Jamie Cameron (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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