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Religion, Homosexuality, and Collisions of Liberty and Equality in American Public Law
A Jurisprudence of "Coming Out": Religion, Homosexuality, and Collisions of Liberty and Equality in American Public Law William N. Eskridge, Jr.! Conflicts among religious and ethnic groups have scored American cultural and political history. Some of these conflicts have involved campaigns of suppression against deviant religious and minority ethnic groups by the mainstream. Although the law has most often been deployed as an instrument of suppression, there is now a public law consensus to preserve and protect the autonomy of religious and ethnic subcultures, as well as the ability of their members to self-identify without penalty. One thesis of this Essay is that this vaunted public law consensus should be extended to sexual orientation minorities as well. Like religion, sexual orientation marks both personal identity and social divisions.' In this century, in fact, sexual orientation has steadily been replacing religion as the identity characteristic that is both physically invisible and morally polarizing. In 1900, one's group identity was largely defined by one's ethnicity, social class, sex, and religion. The norm was Anglo-Saxon, middle-class, male, and Protestant. The Jew, Roman Catholic, or Jehovah's Witness was considered deviant and was subject to social, economic, and political discrimination. In 2000, one's group identity will be largely defined by one's race, income, sex, and sexual orientation. The norm will be white, middle-income, male, and heterosexual. The lesbian, gay man, or transgendered person will be considered deviant and will be subject to social, economic, and political discrimination. t Professor of Law, Georgetown University Law Center. An earlier draft of this Essay was presented at workshops held at the Georgetown University Law Center. -
Broadcasting Canada's War: How the Canadian Broadcasting Corporation Reported the Second World War
University of Calgary PRISM: University of Calgary's Digital Repository Graduate Studies The Vault: Electronic Theses and Dissertations 2017 Broadcasting Canada's War: How the Canadian Broadcasting Corporation Reported the Second World War Sweazey, Connor Sweazey, C. (2017). Broadcasting Canada's War: How the Canadian Broadcasting Corporation Reported the Second World War (Unpublished master's thesis). University of Calgary, Calgary, AB. doi:10.11575/PRISM/25173 http://hdl.handle.net/11023/3759 master thesis University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission. Downloaded from PRISM: https://prism.ucalgary.ca UNIVERSITY OF CALGARY Broadcasting Canada's War: How the Canadian Broadcasting Corporation Reported the Second World War by Connor Sweazey A THESIS SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS GRADUATE PROGRAM IN HISTORY CALGARY, ALBERTA APRIL, 2017 © Connor Sweazey 2017 Abstract Public Canadian radio was at the height of its influence during the Second World War. Reacting to the medium’s growing significance, members of the Canadian Broadcasting Corporation (CBC) accepted that they had a wartime responsibility to maintain civilian morale. The CBC thus unequivocally supported the national cause throughout all levels of its organization. Its senior administrations and programmers directed the CBC’s efforts to aid the Canadian war effort. -
Censorship, Borders, and the Queer Poetics of Disclosure in English-Canadian Writing, 1967-2000
Western University Scholarship@Western Electronic Thesis and Dissertation Repository 4-21-2017 12:00 AM Crossing the Line: Censorship, Borders, and the Queer Poetics of Disclosure in English-Canadian Writing, 1967-2000 Kevin T. Shaw The University of Western Ontario Supervisor Dr. Manina Jones The University of Western Ontario Graduate Program in English A thesis submitted in partial fulfillment of the equirr ements for the degree in Doctor of Philosophy © Kevin T. Shaw 2017 Follow this and additional works at: https://ir.lib.uwo.ca/etd Part of the Literature in English, North America Commons Recommended Citation Shaw, Kevin T., "Crossing the Line: Censorship, Borders, and the Queer Poetics of Disclosure in English- Canadian Writing, 1967-2000" (2017). Electronic Thesis and Dissertation Repository. 4526. https://ir.lib.uwo.ca/etd/4526 This Dissertation/Thesis is brought to you for free and open access by Scholarship@Western. It has been accepted for inclusion in Electronic Thesis and Dissertation Repository by an authorized administrator of Scholarship@Western. For more information, please contact [email protected]. Abstract Since Confederation enshrined Canada Customs’ mandate to seize “indecent and immoral” material, the nation’s borders have served as discursive sites of sexual censorship for the LGBTTQ lives and literatures that cross the line. While the Supreme Court’s decision in Little Sisters v. Canada (2000) upheld the agency’s power to exclude obscenity, the Court found Customs discriminatory in their preemptive seizures of LGBTTQ material. Extrapolating from this case of the state’s failure to sufficiently ‘read’ queer sex at the border, this dissertation moves beyond studies of how obscenity law regulates literary content to posit that LGBTTQ authors innovate aesthetics in response to a complex network of explicit and implicit forms of censorship. -
Press Censorship, Politics and French Canada, 1940
Skirting the Minefield: Press Censorship, Politics and French Canada, 1940 GEORGE D. KERR, University of Western Ontario In a democracy with a strong tradition of freedom of the press, the imposition of censorship as a wartime necessity is rarely accomplished without considerable difficulty in its execution and in the definition of its limits. In Canada during the Second World War, the difficulty of controlling the flow of news in the interests of the war effort was compounded because the French-Canadians were in general unenthusiastic about their country's participation in a war which many regarded as none of Canada's business. The imposition of censorship had to take into account not only the general curtailment of freedom of expression, but also the sensitivities of that part of the population which had previously shown its reluctance to accept coercive or restrictive measures during the First World War.' Although press censorship remained a controversial issue in Canada for the duration of the war, the most intense opposition to it was manifested in 1940, not merely because the precipitating cause was controversial in itself, but because it highlighted the most divisive domestic issue in the country, the different perception of national goals and purposes maintained by Canada's two 'founding peoples.' It was over an issue arising from the imposition of press censorship that this major cleavage revealed itself for the first, but not the last time in Canada. Censorship was accepted as an unpleasant, but unavoidable necessity by most of Canada's newspapers when war broke out in 1939. As Canada's leading daily newspaper, the Toronto Globe and Mailstated, 'Freedom of speech must be curtailed when the nation is . -
Little Sisters Book and Art Emporium
Court File No: 26858 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA) BETWEEN: LITTLE SISTERS BOOK AND ART EMPORIUM B.C. CIVIL LIBERTIES ASSOCIATION JAMES EATON DEVA AND GUY ALLEN BRUCE SMYTHE Appellants (Plaintiffs) and MINISTER OF JUSTICE AND ATTORNEY GENERAL OF CANADA MINISTER OF NATIONAL REVENUE ATTORNEY GENERAL OF BRITISH COLUMBIA Respondents (Defendants) ______________________________ APPELLANT'S FACTUM ______________________________ PART I - STATEMENT OF FACTS 1. The principal business of the Appellant, Little Sisters Book and Art Emporium ("Little Sisters") is the sale of books and magazines most of which are written by and for gay men and lesbians. Most of the books and magazines sold by Little Sisters are published in the United States and imported into Canada by Little Sisters. The Appellant, British Columbia Civil Liberties Association has demonstrated a longstanding, genuine and continuing concern for the rights of disadvantaged groups or individuals in Canada and has likewise opposed censorship of allegedly obscene books and magazines. Amended Statement of Claim, paras. 6, 7 & 2. Appellants' Record ("AR") Vol. I, pp. 37, 36. 2. From about 1985 and from time to time to the trial, hundreds of books and magazines that Little Sisters has purchased and sought to import into Canada have been detained, prohibited and/or destroyed by customs officials pursuant to the Customs Legislation on the grounds that the books and magazines were "obscene". Amended Statement of Claim, para. 8. AR Vol. I, pp. 37-38. 3. This case concerns the constitutionality of Tariff Code 9956(a) of Schedule VII (now Tariff Item 9899.00.00) and s. -
Online Liberty: Freedom of Expression in the Information Age
102 - DALHOUSIE JOURNAL OF LEGAL STUDIES ONLINE LIBERTY: FREEDOM OF EXPRESSION IN THE INFORMATION AGE ROBERT DAWKINst ABSTRACT Cyberspace is generally conceived as a highly participato1y environ- ment that facilitates broad-based participation in the free marketplace of ideas. This paper considers the impact of the new media context upon the constitutional validity of laws regulating expressive content. Cana- dian jurisprudence regarding freedom of expression rights pursuant to the Canadian Charter of Rights and Freedoms are reviewed and con-2001 CanLIIDocs 27 trasted with the American medium specific approach. It is argued that current Canadian jurisprudence indicates that the new media context should not alter the level of scrutiny in the Section 1 analysis. While the democratizing influence of cyberspace is laudable, new media must be considered in the context of Canadian society and Charter values. The constitutional validity of laws regulating the content of online expres- sion must not be determined by technology at the expense of general social and constitutional principles. INTRODUCTION Cyberspace is generally conceived of as a highly participatory envi- ronment that facilitates broad-based participation in the free market- place of ideas. The accessibility of the Internet has significantly in- creased the ability of individual persons to access information and to express their opinions to the connnunity at large. As a result, the content of cyberspace has been said to be "as diverse as human thought."1 t Robert Dawkins graduated with a B.A. (Honours) from the University of Toronto and Dalhousie Law School with an LLB. He would like to thank Professor Teresa Scassa and Professor Wayne Mackay for their suggestions and constrnctive criticism in writing this paper. -
A History of Censorship of Gay and Lesbian Sexual Representation in Canada
Cossman Proof 1 (Do Not Delete) 2/18/2014 11:25 AM View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Duke Law Scholarship Repository Censor, Resist, Repeat: A History of Censorship of Gay and Lesbian Sexual Representation in Canada BRENDA COSSMAN* I. INTRODUCTION Canada has a long and illustrious history of censorship. Since 1867, it would seem that a defining characteristic of Canadian national identity has been to censor, particularly at our borders, to make sure that material that would “deprave and corrupt” was not permitted entry into our country. The censorship of gay and lesbian1 materials is of a slightly more recent vintage, largely paralleling the rise of the gay and lesbian liberation movement in the 1970s. This is not to say that gay and lesbian themed material was not censored before the 1970s. It was. But the heyday of gay and lesbian censorship follows the emergence of the gay and lesbian liberation movement in the 1970s and 1980s. In this essay, I review this history of censorship, focusing on both customs censorship and criminal obscenity prosecutions. I argue that despite many legal defeats, the censorship of gay and lesbian sexual representations in Canada failed; indeed it failed precisely by its own internal contradictory nature. Censorship controversies, I argue, represent a site of public contestation over legitimate and illegitimate speech, and more specifically, that censorship controversies over sexual speech represent a contestation over sexual normativity. Relying on the new censorship studies literature, I argue that each moment of censorship mobilized resistance, making the story of censorship one of resistance and of redrawing the borders of legitimate sexual speech. -
A City Goes to War: Victoria in the Great War 1914-1918
A City Goes to War: Victoria in the Great War 1914-1918 by James S. Kempling B.A., Royal Military College 1965 M.P.A., University of Victoria 1978 M.A., University of Victoria 2011 A Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY in the Department of History © James S. Kempling, 2019 University of Victoria All rights reserved. This dissertation may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. ii A City Goes to War: Victoria in the Great War 1914-1918 by James S. Kempling B.A., Royal Military College 1965 M.P.A., University of Victoria 1978 M.A. (History), University of Victoria 2011 Supervisory Committee Dr. David Zimmerman, Supervisor Department of History Dr. John Lutz, Departmental Member Department of History Dr. Jentery Sayers, Outside Member Department of English iii Abstract This dissertation is a combined digital history-narrative history project. It takes advantage of newly digitized historical newspapers and soldier files to explore how the people of Victoria B.C. Canada, over 8000 kilometers from the front, experienced the Great War 1914-1918. Although that experience was similar to other Canadian cities in many ways, in other respects it was quite different. Victoria’s geographical location on the very fringe of the Empire sets it apart. Demographic and ethnic differences from the rest of Canada and a very different history of indigenous-settler relations had a dramatic effect on who went to war, who resisted and how war was commemorated in Victoria. -
Censorship and Obscenity: Jurisdiction and the Boundaries of Free Expression Neil Boyd
Osgoode Hall Law Journal Article 2 Volume 23, Number 1 (Spring 1985) Censorship and Obscenity: Jurisdiction and the Boundaries of Free Expression Neil Boyd Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Article Citation Information Boyd, Neil. "Censorship and Obscenity: Jurisdiction and the Boundaries of Free Expression." Osgoode Hall Law Journal 23.1 (1985) : 37-66. http://digitalcommons.osgoode.yorku.ca/ohlj/vol23/iss1/2 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. Censorship and Obscenity: Jurisdiction and the Boundaries of Free Expression Abstract In this study of the Federal Government's control of obscenity through criminal sanctions and its relationship with provincial censorship powers - particularly as practised in Ontario, British Columbia, Quebec and Nova Scotia - Professor Boyd traces the public's evolving attitudes towards the question of what obscenity is. He also provides a brief review of studies concerning the effects of pornography on society. This article is available in Osgoode Hall Law Journal: http://digitalcommons.osgoode.yorku.ca/ohlj/vol23/iss1/2 CENSORSHIP AND OBSCENITY: JURISDICTION AND THE BOUNDARIES OF FREE EXPRESSION BY NEIL BOYD* In this study of the Federal Government's control of obscenity through criminal sanctions and its relationship with provincial censorship powers - particularly as practised in Ontario, British Columbia, Quebec and Nova Scotia - Profes- sor Boyd traces the public's evolving attitudes towards the question of what obscenity is. He also provides a brief review of studies concerning the effects of pornography on society. -
The Irony of Free Speech and Liberalism Divided Book Review
Alabama Law Scholarly Commons Essays, Reviews, and Shorter Works Faculty Scholarship 1997 The Irony of Free Speech and Liberalism Divided Book Review Paul Horwitz University of Alabama - School of Law, [email protected] Follow this and additional works at: https://scholarship.law.ua.edu/fac_essays Recommended Citation Paul Horwitz, The Irony of Free Speech and Liberalism Divided Book Review, 43 McGill, L. J. 445 (1997). Available at: https://scholarship.law.ua.edu/fac_essays/27 This Article is brought to you for free and open access by the Faculty Scholarship at Alabama Law Scholarly Commons. It has been accepted for inclusion in Essays, Reviews, and Shorter Works by an authorized administrator of Alabama Law Scholarly Commons. Citizenship and Speech. A Review of Owen M. Fiss, The Irony of Free Speech and Liberalism Divided Owen M. Fiss, The Irony of Free Speech. Cambridge: Harvard University Press, 1996. Pp. 98 [Hardcover U.S. $18.95; Softcover U.S. $12.95]. Owen M. Fiss, Liberalism Divided: Freedom of Speech and the Many Uses of State Power.Boulder: Westview Press, 1996. Pp. 192 [Hardcover U.S. $65; Softcover U.S. $24]. Reviewed by Paul Horwitz' This review offers a critique of two recent publi- Cette recension jette un regard critique sur deux cations by Owen Fiss which present his views on con- ouvrages r6cents dans lesquels Owen Fiss pr6sente son temporary issues of free speech. Fiss argues that where point de vue sur la libert6 d'expression. Fiss considre contemporary conditions stifle public debate, the state que si certaines circonstances de la vie modeme 6touf- may properly regulate expression; thus, the state may fent le d6bat public, il peut tre appropri6 pour l'Ptat de be a friend of freedom rather than its enemy. -
Challenged Books List 1 of 21
Freedom to Read Kit 2004 — Challenged Books List 1 of 21 Challenged Books List This selective list provides information on more than 100 books that have been challenged in the past 21 years. Each challenge sought to limit public access to the books in schools, libraries, or bookstores. Some challenges were upheld; others were rejected. We have tried to update our research on unresolved challenges. Because some challenges are dismissed, the books remain on library shelves or curriculum lists. We think it worthwhile to include such instances because the effect of a controversy over print material can spread, even though the would-be book-banners lose. A book with a controversial reputation tends to be quietly dropped from reading lists and curricula. This interference can be most insidious—quiet acquiescence to the kind of scare tactics that would-be censors know how to employ. Because organizations and community groups that ask for book and magazine bans generally want to avoid public controversies, it is often difficult to discover why challenges are launched or what becomes of them. If you know of book challenges or, better still, satisfactory resolutions anywhere in Canada, please use the accompanying case study form to give us details. Challenged Books Alma, Ann. Something to Tell. 2000—At the beginning of a Children’s Book Week tour of schools and libraries in Prince Edward Island, the author was told that she should not read from this book, one of her three titles for young readers. Cause of objection—The tour coordinator said P.E.I. students were not mature enough for the book, which tells the story of a girl who has been subjected to sexual touching by the headmistress of her school. -
An Oral History of Everywomans Books in Victoria, BC, 1975-1997
Books By Women, For Women, About Women: An Oral History of Everywomans Books in Victoria, B.C., 1975-1997 by Taylor Antoniazzi B.A., University of Victoria, 2013 M.A., University of Waterloo, 2016 A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of MASTER OF ARTS in the Department of History ©Taylor Antoniazzi, 2020 University of Victoria All rights reserved. This thesis may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. Books By Women, For Women, About Women: An Oral History of Everywomans Books in Victoria, B.C., 1975-1997 by Taylor Antoniazzi B.A., University of Victoria, 2013 M.A., University of Waterloo, 2016 Supervisory Committee Dr. Lynne Marks, Supervisor Department of History Dr. Annalee Lepp, Departmental Member Department of Gender Studies ii Abstract Everywomans Books was a non-profit feminist bookstore established in Victoria, B.C. in 1975. The store closed in 1997 due to financial problems, but it was the last remaining non-profit feminist bookstore run by an all-volunteer collective in Canada. From the beginning, the collective pursued its vision to create a comfortable, safe space for women to access vital information that was hard to find anywhere else. Though creating and maintaining the bookstore was a thoroughly feminist endeavour, the bookstore itself was not a centre of political activity in the community. Its animus was to provide the literature that would raise women’s consciousness, impel their identity formation, foster bold, independent thinking and jolt women into political action.