Freedom of speech and lawsuits

- February 18th, 2011

So what can you say without getting sued?

We learned Thursday from the Supreme Court that you can say Montreal cabbies can’t speak English or French, that they have dirty cabs and may be corrupt.

But can you say that a Catholic priest who has spoken out against his own church on issues such as abortion and gay marriage is a dissident?

On Thursday the Supreme Court cleared independent MP and former radio host Andre Arthur in a class-action lawsuit filed by the union representing Montreal cabbies. Arthur had complained that Arabic and Creole speaking taxi drivers in Montreal could not take directions in English or French. He also made comments about corruption, ignorance and incompetence.

The court agreed that some of his comments may have a racist element but that they were protected under freedom of expression.

In a case that is just starting preliminary hearings a former MP and current Catholic priest is seeking $500,000 in a lawsuit against Lifesitenews.com, a pro-life website that does news and advocacy.

Raymond Gravel claims that he was forced from politics, has had his reputation damaged and lost a position teaching Catholic doctrine due to the reporting and advocacy from LifeSite. The news service and its associates reported regularly on Gravel’s comments regarding abortion, homosexuality and same-sex marriage. They also encouraged readers to contact the local bishop and the Vatican to complain.

Gravel’s request for $500,000 matches the annual budget of LifeSite. If they lose they will be shut down.

The website claims freedom of expression and freedom of the press to defend themselves.

Will the courts buy that defence? It’s tough to say. Were I LifeSite I wouldn’t hold out hope. Where they might be able to beat the lawsuit is in Gravel’s position as a public figure. While you can still libel a public figure, arguing about their viewpoints would rarely lead to a successful suit.

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