"The best test of truth is the power of the thought to get itself accepted in the competition of the market," wrote Justice Oliver Wendell Holmes in his 1919 dissent in Abrams v. United States, which eventually formed the basis for modern First Amendment law.
"Canadians do not have a cast-iron stomach for offensive speech," said Jason Gratl, a lawyer for the British Columbia Civil Liberties Association. "We don't subscribe to a marketplace of ideas."
"Western governments are becoming increasingly comfortable with the regulation of opinion. The First Amendment really does distinguish the U.S., not just from Canada but from the rest of the Western world."