THE HICKLIN RULE AND JUDICIAL CENSORSHIP
AbstractA series of cases involving the American News Company Ltd. saw Canadian courts impose the largest penalty in Canadian history for possession of obscene material. In the process, the clearest formulation of the offence to date was laid out. The author scrutinizes that formulation from both procedural and substantive standpoints, arguing that the clarity of the decision is instrumental in exposing the need for reform in Canadian obscenity law. The point is argued by examination of the public good requirement and the present law regarding proof of obscenity requirements. The examination is facilitated by the use of English law as a comparative point of departure.
Keywords:Criminal Law, Freedom of the Press
Download data is not yet available.