Canada doesn't have this?!?!

Yeah, America is way more free.

Yeah, 100% absolutely, America is the most free nation on the planet. Completely.

Whether America is more free or not, it's unsettling to think about a judge having the ability to rule and sentence someone for being racist / promoting racism.

carl_the_sniper wrote:

It's called a reasonable limitation on rights. America has them too. We just don't consider prosecuting racist hate speech as a slippery slope to OMGGOVERNMENTCONTROLOBAMAMUSLIMSTAKINOURGUNS

You feel comfortable being prosecuted for your opinion?

This isn't a right or left issue, it's the idea that, no matter how evil the person, until they've actually committed an action that affected someone else they have their right to be as evil or ignorant as they want.

Seems like a basic right? I'll refer you to the Fred Phelps thread.

We have two real criminal offences in this vein. Section 318 of the Criminal Code of Canada covers the offence of "advocating genocide", and the other one is S. 319, "public incitement of hatred". The offence is not having an opinion or expressing an opinion, it's actually promoting or inciting hatred- that is to say, actively trying to make others take on those views in such a way as to likely result in a breach of the peace. It's considered a legal defense if the subject matter can be shown to be true, or if the expression is part of religious belief.

These convictions are extremely rare, and we've had some court decisions uphold the freedom of expression is some pretty bloody bad cases. Like any freedom it is not and cannot be absolute- but the couple of laws we have on the issue are seldom used and are reasonable.

"Abortion is not "choice" in America. It is forced and the democrats are behind it, with the goal of eugenics at its foundation."

-FreeEnterprise, 21 April 2011.

Yup, he actually said that.

brihard wrote:

We have two real criminal offences in this vein. Section 318 of the Criminal Code of Canada covers the offence of "advocating genocide", and the other one is S. 319, "public incitement of hatred". The offence is not having an opinion or expressing an opinion, it's actually promoting or inciting hatred- that is to say, actively trying to make others take on those views in such a way as to likely result in a breach of the peace. It's considered a legal defense if the subject matter can be shown to be true, or if the expression is part of religious belief.

These convictions are extremely rare, and we've had some court decisions uphold the freedom of expression is some pretty bloody bad cases. Like any freedom it is not and cannot be absolute- but the couple of laws we have on the issue are seldom used and are reasonable.

Actually, I think we have a fairly similar restriction, only it's kind of up to the SCOTUS at the time to determine whether it meets the requirements. Traditionally in the US convictions against speech like this are incredibly rare as well, and to be honest I'd almost guarantee that the Justices would shut down this conviction right off the bat.

And I agree those are reasonable restrictions, and just like in the US, this is probably an isolated case among many where rights are upheld. First Amendment rights are a constant battle here, and I'm sure they are there as well (I have zero experience with Canadian politics :P), so a case like this would likely garner alot of attention and outrage. Especially in the south

Gatyr wrote:

(I realize that this would be better placed in any FEaper thread, but meh)

I was contemplating posting that, but I decided a fresh one was in order.

Stop the trolling...

They tremble at my name...

I think he meant privatized?