In an influential article from 1991, the legal philosopher Joseph Raz called free expression “a liberal puzzle” that we prize for mysterious reasons. If recent developments, including elections in the United States, are anything to go by, things have become less liberal and more puzzling. Cue some fundamental legal and social differences between Canada and the U.S. and their importance to our democracy — especially now.
There is an increasingly incoherent reluctance to protect some expressive activities (like protest encampments) while trying to wedge others (like hate speech and stealing stuff) into the sacred space of liberty. The transnational governance challenges created by the internet have made the task of regulating speech much more complex. Meanwhile, conflicts abroad expose deep rifts at home about unpopular speech, especially for universities and online platforms.
We need thinkers who can explain these rapid changes and propose policies that...
Pearl Eliadis is an award-winning lawyer. She teaches at McGill University’s Max Bell School of Public Policy and Faculty of Law.