J23
The
learned
Mulenga
J.S.C,
McLachlin J in the Canadian
also
cited
Supreme
with
approval
the
words
Court case of R v. ZUNDEL
of
(1992)
10 C.C.R (284) 193 in which that learned Judge had this to say:
“Tests
the
of free expression
(majority)
view
frequently
of what
minority view.
As Holmes
the
content
particular
popular
prejudice”
imperatively
of
is no
a
or right
and
person’s
reason
to
an
between
unpopular
might
for
“if
more
that
the
is
it
other
any
than
“excite
it protection
constitution
the
of
speech
deny
attachment
for
call
a contest
J. stated over 50 years ago, the fact
principle
any
is
there
is true
involve
principle of free thought - not free thought for those who agree
for the thought that we have”.... Thus the
with us but freedom
majority’s
perception
smothering
the
protection
the
person
which
entirely
offering
certainty
value
certain
protection.
given
that
fundamental
most
to the person,
land on its face accords
be
the
that
there
The
criterion
can
we
should,
be
no
of falsity
and given the difficulty of conclusively
falsity.
freedom
hitherto
Applying
of
the
broad,
expression
adhered
to
by
guaranteed
this
Court,
law of this
by
belief,
in my
falls short
for
of this
sometimes
have
determining
total
interpretation
purposive
a
deny
justification
can
statements
false
we
Before
perception.....
minority
from
interest
public
or
truth
of
the
to preclude
serves.....
of expression
of freedom
guarantee
(the
I cannot
of the
Constitution)
accede
to the
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