The Erosion of Free Speech and the Rise of the Administrative State

🔒The ethos of managerialism has supplanted the rule of law, resulting in 'rule by law' instead. The legislative role has been diminished, while the executive branch has taken over making, applying, and enforcing rules.

👥Bill C16 in Canada, which added gender identity and gender expression to the Canadian Human Rights Act, was the precursor to the current erosion of free speech and rise of the administrative state. The bill aimed to protect against discrimination but has had chilling effects on speech.

📚Bill C63 expands on the restrictions on hate speech in the Canadian Human Rights Act, empowering a government agency to enforce rules and regulate online platforms. This gives rise to concerns about potential censorship and stifling of free expression.

⚖️The broad definition of hate speech and the lack of clarity in regulations make it difficult to determine what is acceptable speech. This leads to a climate of self-censorship and the potential for misuse of power by government agencies.

🤝There is a need to strike a balance between protecting individuals' rights and maintaining free speech. The erosion of free speech rights raises concerns about the concentration of power and the potential for abuse by the administrative state.

What are the key issues with Bill C63?

—Bill C63 gives extensive powers to a government agency to regulate and enforce rules on online platforms. This raises concerns about potential censorship and the chilling effect on free speech.

How does Bill C16 relate to the erosion of free speech?

—Bill C16 added gender identity and gender expression to the Canadian Human Rights Act, which has had unintended consequences on speech and created a climate of self-censorship.

What are the challenges in defining and regulating hate speech?

—Hate speech is a complex and subjective concept. The broad definition and lack of clarity in regulations make it difficult to determine what is acceptable speech, leading to concerns about potential abuse of power.

Why is the rise of the administrative state a concern?

—The concentration of power in government agencies raises concerns about the loss of individual freedoms and the potential for abuse. It requires a reevaluation of the balance between regulation and free speech.

What are the implications of the erosion of free speech?

—The erosion of free speech rights undermines democratic principles and limits open discourse. It stifles creativity, fosters self-censorship, and restricts the free exchange of ideas and opinions.

00:00The ethos of managerialism has replaced the rule of law, shifting power from the legislative branch to the executive branch.

16:59Bill C16 added gender identity and expression to the Canadian Human Rights Act, impacting free speech rights.

24:15Bill C63 expands on hate speech regulations and empowers a government agency to regulate online platforms.

35:42Defining and regulating hate speech is challenging due to the broad definitions and lack of clarity in regulations.

47:18The concentration of power in the administrative state raises concerns about abuse and the need to strike a balance between regulation and free speech.