It’s hard to feel any sympathy for this guy, especially when, instead of apologizing, he claims he’s being persecuted for being a Native Canadian. But Canada would still be better off with more robust protection for freedom of speech.
As an aside, I’ve been wondering lately whether “group libel” laws, that required proof of (a) falsity and (b) intentional or reckless disregard for the truth, as under N.Y. Times v. Sullivan for public figures, would have much of a stifling effect on freedom of speech. The Sullivan standard does not seem to meaninigfully interfere with criticism of public figures; would such a standard applied to minority groups meaningfully interfere with criticism of those groups? Perhaps the problem would be that “anti-defamation” groups would use the threat of costly litigation to stifle discussion on controversial issues, regardless of whether they could actually win the case? I’m not advocating group libel laws, but with hate speech laws increasingly in vogue around the world, perhaps the requirements of falsity and reckless or intentional disregard for the truth would serve a good part of their potentially legitimate purpose, while mitigating their harm.
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