Freedom of speech vs. hate speech: legal perspectives in Canada and the U.S

Abstract

Freedom of speech and hate speech are two contentious issues that highlight the delicate balance between individual rights and societal values. This article examines the legal frameworks governing these concepts in Canada and the United States, focusing on their similarities and differences. While the U.S. prioritizes an almost absolute interpretation of free expression under the First Amendment, Canada adopts a more restrained approach, incorporating limits to protect against hate speech under its Charter of Rights and Freedoms. This comparative analysis explores key legal cases, including Brandenburg v. Ohio in the U.S. and R. v. Keegstra in Canada, to illustrate how these nations navigate the tension between preserving free speech and addressing harm caused by hate speech. The article also addresses contemporary challenges posed by social media, where hate speech proliferates and regulatory measures raise questions about censorship and democratic values.