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The right to freedom of expression can be described as a war. It is awar that has lasted for centuries and may last for centuries more. It is a warbetween freedom of expression and social intolerance. In this war there aremany battles. The battle on which this brief essay centers itself is the battlebetween freedom of speech and laws limiting that freedom; more specifically theability to spread hate propaganda and the “hate laws”. Included in the essay isa brief outline of one skirmish that has taken place (Keegstra).
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Those who fight on the side supporting freedom of speech do so for several reasons. Braun declares that it is a basic democratic right to voice your own opinion .Douglas Christie has gained notoriety for his vigorous representation of high-profile, controversial clients, charged under the hate laws. He advocatesfreedom of speech for two main reasons: a) he finds it abhorrent that the statecan legislate thoughts and words, and b) he often agrees with the views held byhis clients. Others such as Noam Chomsky, a brilliant intellectual, argue notfor the views expressed, but the ability to express them. Lining up on theother side of the battle you have: Derek Raymaker, David Kilgour, Victor Ramraj,and Bruce Elman. They argue that there is definitely a moral place for lawsregarding hate speech, whether they are criminal or not. There was recently anew development in the Canadian war for freedom of expression. Introduced inApril 1982 was a new and important strategic battleground. With the Charter of Rights and Freedoms the war could be won or lost byeither side. It was not long before the Charter saw battle. In 1984, Jim Keegstra was charged with violating section 281 of theCriminal Code of Canada (now covered under section 318-320). Keegstra was arespected school teacher and mayor of the small town of Eckville, Alberta. Thiswas no borderline fanatic; this was an elected official charged with promotinghate. However by the time Keegstra’s trial rolled around he was no longer themayor Eckville and his teaching license, revoked. The problem was, the verynature of s. 281 lent itself to legal debate under section 2 of the relativelynew Charter of Rights and Freedoms. The defense counsel Doug Christie lost notime in challenging the legislation’s constitutionality. In response, Crownprosecutor, Bruce Fraser, stated that Keegstra was being charged with promotinghatred; not expressing it. The Crown also stated that freedom of speech is not
