| Chapter 1: | The Nature of Speech and Freedom of Speech |
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and freedoms of others as well as morality and public order. Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms also presents freedom of expression as a right balanced by somewhat vague limitations:
Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers….
The exercise of these freedoms…may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others.
Although not expressed as an exception to Article 10, under Article 8, the European Convention gives privacy equal dignity to freedom of expression: “Everyone has the right to respect for his private and family life, his home and his correspondence.” This right is subject to the same type of limitation as the Article 10 rights. Not surprisingly, there is an inherent tension, if not conflict, between Article 8 and 10.20
Section 2 of the Canadian Charter of Rights and Freedoms provides that “Everyone has the following fundamental freedoms… (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.” Against this broad grant, Section 1 of the Canadian Charter permits the government to impose reasonable limits.21 In contrast to both European and Canadian law, the First Amendment of the US Constitution speaks in sweeping and ostensibly unrestricted language:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably