Freedom of Expression


Last updated : 22/01/01

Is this a protected form of expression under s.2(b) of the Charter?  Ask your instructors.

FALL 2000

The syllabus and course materials for Freedom of Expression and the Press will be modified and updated throughout the fall of 2000.  The seminar will be offered in the Winter of 2001, and students will have the choice whether to use the website version of the casebook or to have a hard copy which will be made available at MDC. 

SEMINAR DESCRIPTION

Course #:    3002.03
Term:         Winter, 2 hours
Credits:       3
Prerequisite Courses:  None

The purpose of this seminar is to study freedom of expression and the role of the press in some depth.  In attempting to articulate criteria that will determine how expressive freedom and democratic values should be accommodated, we subject the underlying rationales for expressive freedom and the legitimacy of state regulation to critical analysis.  After commencing with a review of the jurisprudential literature, the analysis is extended across a range of issues, including: the speech-conduct distinction; access to the public forum; the status of seditious libel, defamatory speech and group defamation; the status of obscenity, pornography and sexist expression; political expression and the electoral process; professional advertising and the cases dealing with commercial expression; and the constitutional status of compelled expression.  The seminar also provides a general introduction to the print and broadcast media, which in turn provides a framework for sessions dealing with content regulations; access to the media; access by the media to judicial and quasi-judicial proceedings; publication bans and other prior restraints; reporter's privilege and the news gathering function.

Evaluation:    One research paper (75%) and one class presentation (25%).  Please note that the 25% allocated
to the in-class presentation will also take into account attendance and participation.

SEMINAR SCHEDULE

Week 1: January 5
Introduction

Week 2: January 12
A section 2(b) methodology
Chapters I & II

Week 3: January 19
Access to government property: the public forum
Chapter III

Week 4: January 26
Defamation
Chapter IV

Week 5: February 2
Discriminatory expression
Chapter V

Week 6: February 9
Obscenity and pornography
Chapter VI

Week 7: February 16
Political expression
Chapter VII


Reading Week: February 22-26

Week 8: March 2
Commercial expression
Chapter VIII

Week 9: March 9
Compelled expression
Chapter IX

Week 10: March 16
Introduction to "other media"
Chapter XII

Week 11: March 23
Newsgathering
Chapter XI

Week 12: March 30
Access to proceedings
Chapter XIII

Week 13: April 6 (Last Class)
Publication bans
Chapter XIV

PRESENTATION TOPICS