Jamaican Constitutional Law
Analysis:
A. Does s.163 CC violate FOE under section 2(b)? Yes
• meaning of expression need not be “redeeming” in the eyes of court to merit protection of s.2(b) whose purpose is to ensure that thoughts and feelings may be conveyed freely in non-violent ways without fear of censure
B. Is s.163 a [...]
Constitutional Laws for Immigrants
NB - Chilling Effect:
➢ Drawn from US First Amendment jurisprudence
➢ Describes the concern that a restriction of speech by means of a broad and imprecisely worded law will deter or “chill” legitimate speech by individuals who will exercise self-censorship to avoid violation of the law
➢ In Charter analysis, a chilling effect will involve a violation [...]
Tags
amendment jurisprudence Application approach arbitrary government canadian charter of rights canadian charter of rights and freedoms Charter connection constitutional rights deleterious effects democratic society Dickson educational context first amendment freedom gatekeeper government government action government legislation guarantees human rights complaint importance infringement justice justification limitation Narrows Oakes oakes test Objective onus override plaintiff possession Prescribed prohibition proportionality public interest purpose of the law Requirement restriction school environment school teacher self censorship traffickingTranslator
By N2H