The First Amendment and Section 1 of the Charter

The purpose of this article is to examine the Charter\u27s concepts of breach and justification from the perspective of American First Amendment jurisprudence. After discussing the relevance of textual differences, the author analyzes the evolution of First Amendment doctrine. In doing so, she identifies the functional equivalents of Canada\u27s concepts of breach and justification in the U.S. jurisprudence. She concludes that restrictions on the definition of freedom of speech under section 2(b) of the Charter are analytically unsound, because limitations on the right are ultimately justificatory