If asked to use the words “the police” and “freedom of expression” in a constructive sentence, I would guess 9 out of 10 Canadians would come up with something like: “It’s essential that the police not violate our freedom of expression.” And this spring-to-mind sentence is obviously true. Less obvious perhaps is that it also essential that the police themselves are able to exercise their right of free expression and that our own information rights factor into the issue of police expression.
What do you do when uninvited guests crash your party and say really offensive things? Asking them to leave is one strategy. What if they arrive masked, disguising their true purposes, and your party is an annual parade through the streets of downtown Toronto? In the case of two plaintiffs in a class action lawsuit, you sue for $104 million in damages for tortious defamation, civil conspiracy and intentional infliction of mental distress. Free speech folks should be concerned about having recourse to such litigation techniques as a response to offensive speech.