In this book, Richard Moon puts forward an account of freedom of expression that emphasizes its social character. Such freedom does not simply protect individual liberty from state interference; it also protects the individual's freedom to communicate with others. It is the right of the individual to communicate: an activity that is deeply social in character, and that involves socially created languages and the use of community resources, like parks, streets, and broadcast stations. Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.
Moon examines the tension between the demands for freedom of expression and the structure of constitutional adjudication in the Canadian context. The book discusses many of the standard freedom of expression issues, such as the regulation of advertising, election spending ceilings, the restriction of hate promotion and pornography, state compelled expression, freedom of the press, access to state and private property and state support for expression. It examines several important Supreme Court of Canada decisions including Irwin Toy, Dolphin Delivery, RJR Macdonald, Keegstra and Butler.
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Richard Moon is Distinguished University Professor and Professor of Law at the University of Windsor. In addition to this book, he is the author of The Life and Death of Freedom of Expression (Toronto: UTP, 2024), Putting Faith in Hate: When Religion is the Source or Target of Hate Speech (Cambridge: Cambridge University Press, 2018) and The Constitutional Protection of Freedom of Expression (Toronto: UTP, 2000); the editor of Law and Religious Pluralism in Canada (Vancouver: UBC Press, 2008); the co-editor of Religion and the Exercise of Public Authority (Oxford: Hart/Bloomsbury, 2016), Indigenous Spirituality and Religious Freedom (Toronto: UTP, 2024) and The Surprising Constitution (Vancouver: UBC Press, 2024); and the contributing editor to Canadian Constitutional Law (Toronto: Emond-Montgomery, multiple editions).
'Professor Moon adopts a distinctly socially conscious and communicative vision of freedom of expression ... He presents important and compelling arguments with insight and fairness. He also does so with conviction and vigor.'
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