The Life and Death of Freedom of Expression

Richard Moon

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Hardback

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English

University of Toronto Press
01 October 2024

Media studies; Political control & freedoms; Legal history; Constitutional & administrative law; Freedom of expression law

In The Life and Death of Freedom of Expression, Richard Moon argues that freedom of expression is valuable because human agency and identity emerge in discourse

in the joint activity of creating meaning. Moon recognizes that the social character of individual agency and identity is crucial to understanding not only the value of expression but also its potential for harm.

The book considers a range of issues, including the regulation of advertising, hate speech, pornography, blasphemy, and public protest. The book also considers the shift to social media as the principal platform for public engagement, which has added to the ways in which speech can be harmful while undermining the effectiveness of traditional legal responses to harmful speech. The Life and Death of Freedom of Expression makes the case that the principal threat to public discourse may no longer be censorship, but it is rather the spread of disinformation, which undermines public trust in traditional sources of information and makes engagement between different positions and groups increasingly difficult.

By: Richard Moon
Imprint: University of Toronto Press
Country of Publication: Canada
Dimensions: Height: 235mm, Width: 159mm, Spine: 32mm
Weight: 600g
ISBN: 9781487527815
ISBN 10: 1487527810
Pages: 358
Publication Date: 01 October 2024
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

Introduction 1. The Foundations of Freedom of Expression 2. The Adjudication of Freedom of Expression 3. The Regulation of Commercial and Political Advertising 4. The Regulation of Hate Speech 5. The Restriction of Blasphemy, Obscenity, and Pornography 6. Access to State Property and Other Platforms 7. Compelled Expression 8. Does Freedom of Expression Have a Future? Notes Cases References Index

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).

Reviews for The Life and Death of Freedom of Expression

""Richard Moon articulates a distinctive vision of freedom of expression as a social right - the value of which, as well as its propensity to cause harm, lie in the social character of communication. Although focused on the Canadian Charter of Rights and Freedoms, this compelling and beautifully rendered account is a must-read for all scholars of freedom of expression and constitutional rights.""--Adrienne Stone, Melbourne Laureate Professor and Director of the Centre for Comparative Constitutional Studies, Melbourne Law School, University of Melbourne ""A defining book on freedom of expression in Canada, as well as accessible and insightful, Richard Moon cuts through theory and decades of case law, helping readers make sense of the law and challenges in the new communication landscape we find ourselves in. Expression has never been more on the hot seat. This is a must-read for anyone interested in the field.""--Emily B. Laidlaw, Canada Research Chair in Cybersecurity Law and Associate Professor in the Faculty of Law, University of Calgary