Friday, July 13, 2007
Free Speech and Fire in a Theater
Colby Cosh burns down ye old “you can’t yell fire in a crowded theater” retort utilized by individuals who desire to restrict the free speech rights of hate mongerers and other such ilk.
For 20 years I’ve been arguing with Canadians against our impoverished accepted doctrine of expressive freedom, and in favour of the strong First Amendment-style approach implied in the actual language of the Charter of Rights. Ordinarily I am told that in arguing for near-absolute free speech I am reciting a blind, unreasoning formula that is ill-adapted to contemporary times. It is never more than two minutes before the person arguing against stale old-fashioned ideas is trotting out the 88-year-old “fire in a theatre” cliche. You could set your watch by it.
Colby’s piece is titled Sounding clever isn’t persuasive. Burn through it all.
