The Social Character of Freedom of Expression

Abstract

Richard Moon’sThe Constitutional Protection of Freedom of Expressionis an insightful and comprehensive study of the right to freedom of expression in Canadian constitutional law. Moon begins by stressing the importance of the distinction between freedom of expression as a moral or political ideal and as a constitutional right. The former certainly informs the latter. But the general structure of constitutional adjudication will also play an important role in determining how these issues are resolved and this may, in turn, influence our understanding of the right as a moral and political ideal. Moon focuses on the most important Canadian freedom of expression decisions which cover a wide range of topics from the regulation of racist expression and pornography to access to state and private property.