Free speech is engaged when courts enjoin defamatory or allegedly defamatory speech on an interlocutory or permanent basis. This paper explores the justifiable scope of defamation injunctions and compares that to what courts do. The study reveals that Canadian defamation injunctions regularly go far beyond what is justifiable. For example, 16% of defamation injunctions involved orders not to speak about the plaintiff at all, which is overbroad since that includes true and otherwise lawful speech. Other orders prohibit saying disparaging (as opposed to unlawful) things—again overbroad. Orders not to defame may be vague because it is unclear whether, in context, a future publication will be defamatory. There are narrow circumstances in which ...
The Supreme Court of Canada decision in Néron v. CBC arguably sets a new low water mark for the prot...
The Supreme Court of Canada decision in Néron v. CBC arguably sets a new low water mark for the prot...
In 1848, a Quebec judge changed the law of defamation to accord with the newly-applicable constituti...
Free speech is engaged when courts enjoin defamatory or allegedly defamatory speech on an interlocut...
Permanent injunctions prohibiting defamatory speech are increasingly sought and ordered following a ...
Permanent injunctions prohibiting defamatory speech are increasingly sought and ordered following a ...
Defamatory statements of fact published in mass media give rise to a legal problem of particular dif...
This article focuses on public institutions\u27 ability to sue in defamation. It has a descriptive a...
It has long been a fixture of Anglo-American law that defamation plaintiffs are not entitled to inju...
Join Tom and Hilary Young, Associate Professor at the University of New Brunswick Faculty of Law, as...
When comparing the seminal Supreme Court of Canada defamation decisions of the 1990s and 2000s, it i...
Defamatory statements of fact published in mass media give rise to a legal problem of particular dif...
Defamatory statements of fact published in mass media give rise to a legal problem of particular dif...
It has long been a fixture of Anglo-American law that defamation plaintiffs are not entitled to inju...
The First Amendment prohibits prior restraints on speech. Indeed, prior restraints are the most seri...
The Supreme Court of Canada decision in Néron v. CBC arguably sets a new low water mark for the prot...
The Supreme Court of Canada decision in Néron v. CBC arguably sets a new low water mark for the prot...
In 1848, a Quebec judge changed the law of defamation to accord with the newly-applicable constituti...
Free speech is engaged when courts enjoin defamatory or allegedly defamatory speech on an interlocut...
Permanent injunctions prohibiting defamatory speech are increasingly sought and ordered following a ...
Permanent injunctions prohibiting defamatory speech are increasingly sought and ordered following a ...
Defamatory statements of fact published in mass media give rise to a legal problem of particular dif...
This article focuses on public institutions\u27 ability to sue in defamation. It has a descriptive a...
It has long been a fixture of Anglo-American law that defamation plaintiffs are not entitled to inju...
Join Tom and Hilary Young, Associate Professor at the University of New Brunswick Faculty of Law, as...
When comparing the seminal Supreme Court of Canada defamation decisions of the 1990s and 2000s, it i...
Defamatory statements of fact published in mass media give rise to a legal problem of particular dif...
Defamatory statements of fact published in mass media give rise to a legal problem of particular dif...
It has long been a fixture of Anglo-American law that defamation plaintiffs are not entitled to inju...
The First Amendment prohibits prior restraints on speech. Indeed, prior restraints are the most seri...
The Supreme Court of Canada decision in Néron v. CBC arguably sets a new low water mark for the prot...
The Supreme Court of Canada decision in Néron v. CBC arguably sets a new low water mark for the prot...
In 1848, a Quebec judge changed the law of defamation to accord with the newly-applicable constituti...