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Is Free Speech Compatible with Human Dignity, Equality, and Democratic Government: America, a Free Speech Island in a Sea of Censorship?


The American model of free speech jurisprudence is based upon the absolutist language of the First Amendment—Congress shall pass no law abridging freedom of speech. This model is unique in the Western world and glaringly contrasts with free speech models in Britain and Canada—examples of which I have labeled the European Model. This Article examines these models and the foundations and presuppositions of both, and the extent to which Canada and Britain, in applying the European Model, protect or fail to protect their citizens’ freedom of expression. Is one model moving toward totalitarianism while pretextually asserting it is standing for human dignity, equality, and democracy? This Article answers that question.