Cyberspace is generally conceived as a highly participatory environment 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. Canadian jurisprudence regarding freedom of expression rights pursuant to the Canadian Charter of Rights and Freedoms are reviewed and contrasted 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 expression must not be determined by technology at the expense of general social and constitutional principles.
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Robert Dawkins, "Online Liberty: Freedom of Expression in the Information Age" (2001) 10 Dal J Leg Stud 102.