‘Freedom of Speech and Expression’ as a Fundamental Right in India
The Constitutional Perspective
N. Victoria
Research Scholar Department of Law, S.P.M.V.V. Tirupati.
Abstract:
The concept of the freedom of speech and expression as a fundamental right guaranteed by the Constitution of India with an importance on the test of the constitutional regulation. This paper has been separated into three parts. First Importance of Freedom of Speech and Expression is the protection of democratic government. This freedom is essential for the proper functioning of the democratic process. The freedom of speech and expression is regarded as the first condition of liberty. Second importance of free speech as a basic and valuable feature of society cannot be underestimated. Freedom of speech serves a number of functions. One of its most important functions
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This freedom is essential for the proper functioning of the democratic process. The freedom of speech and expression is regarded as the first condition of liberty. It occupies a preferred position in the hierarchy of liberties giving support and protection to all other liberties. It has been truly said that it is the mother of all other liberties.6 In a democracy, freedom of speech and expression open up channels of free discussion of issues. Freedom of speech plays a crucial role in the formation of public opinion on social, political and economic matters. Freedom of speech and expression, just as equality clause and the guarantee of life and liberty have been very broadly construed by the Supreme Court right from the 1950s. It has been variously described as a “basic human right”, “a natural right”. The freedom of speech and expression includes liberty to propagate not one’s views only. It also includes the right publish the views of other people,7 otherwise this freedom would not include the freedom of the
The First Amendment states, “Congress shall make no law abridging the freedom of speech.” Freedom of Speech helps those who need help and can ask the public without worry of getting in trouble. This amendment was included in the Constitution because now people e the right to advertise their work to others and have protests to things that they believe is right for the country. The amendments were important to the framers of the Constitution. The Freedom of Speech was important to the framers because of, “its diffusion of liberal sentiments on the administration of Governments.”
The freedom of speech is important because it gives us the ability to express our thoughts and opinions. (Cite) Magazine editor, Rachael Jolley said, “ Free speech has always been important throughout history because it had been used to fight for change. When we talk about rights today they would not have been achieved without free speech. Think about a time from the past-women not being able to vote, or the terrible working conditions in the mines- free speech is important as it has helped change these things.” Most people take the freedom of speech for granted because they do not realize how privileged we are to have
This case clashes with freedom of speech, but it is also about freedom to
If the 1st amendment never came to pass then the U.S. and most likely the world would be much different. The U.S. would probably be more focused on maintaining the Christian religion to the point of war. Which will leave the U.S. very vulnerable and we will definitely not be the land of the free. In regards to the most recent presidential election, I believe there needs to be a mandatory test you have to pass in order to vote.
Government cannot censor the people of the united states. We have amendments for a reason. They went through all those wars and tragedy for us. For us to have Freedom of speech. The first amendment.
The United States didn’t invent freedom. The Greeks and Romans had their democratic principles and the British had their Magna Carta before we were a nation. We are not even considered the “most free” nation in the world. In fact, we were ranked 20th in the world earlier this year by the Cato Institute in the “human freedom index.”
Protests and the First Amendment The First Amendment of the U.S. Constitution gives people the right to assemble peacefully and to petition the government to redress grievances, but there is a question that I have asked myself. What are the ways that U.S. citizens can petition or protest the government? To answer this question I had to ask myself other questions that could help me, which are: what does “freedom of petition” mean in the First Amendment?, how do citizens petition the government and how does the government have to respond?, and what have U.S. courts said about this right? So I started looking at government publications, law journals, court cases, and forums.
The first amendment of the United States Constitution is a crucial topic that guarantees fundamental rights such as freedom of speech, religion, and association. The first amendment protects the freedom of association, which emcompasses an individual’s right to join and leave groups as they please, and for the group to take collective action to pursue the common interest of the individuals in the group. The history of the freedom of association can be traced back to the founding of the United States, where the right of association was seen as a necessary component of democracy. The freedom of association can be explored into its history, the basis of the topic, and the interpretation of the courts, especially in cases; Gitlow v. New York, NAACP
The First Amendment The First Amendment was written in 1791 by James Madison, the fourth president of the United States. The constitution consists of 27 amendments, which were finished on September 17, 1787. The First Amendment states that (National Constitution Center)“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition their government for a redress of grievances”. In other words, the First Amendment states that no religion can be the formal religion of the country, no law can be made that keeps us from saying what we think, everyone has the right to get together,
The 1st Amendment You are talking about the government... BOOM!! You're in jail.
Censorship of The First Amendment This paper will discuss how censorship denies citizens of the United States our full rights as delineated in the First Amendment. It will outline how and why the first amendment was created and included in the Constitution of the United States of America. This paper will also define censorship, discuss a select few legal cases surrounding freedom of speech and censorship as well as provide national and local examples of censorship.
The fact that one has the right to say and believe is the foundation for democracy to function. If no one dared to say their opinions, then it had become a dictatorship where only one opinion on how society and the country should work had been the “right”. If people dared to express their opinions, they will help improving the society one lives. Freedom of speech gives one the responsibility to consider what fits into different contexts, and it will make us better persons and people. Simply, people will feel safe in the society they live in.
As human beings, we are all born with an entitlement of freedom of speech or synonymously known as freedom of expression as it is a basic human right. It is stated in the Federal Constitution and it is important for us human beings to protect our rights to freedom of speech and expression as it is the backbone for a democratic society. Having the right to express oneself freely without any restrictions is an essential part of what it means to be a free human being. Article 10 in the Federal Constitution states that; (a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms; (c) all citizens have the right to form associations.
Hello, It is quite comical how we have gotten to the point of which we are now censoring what we can and cannot wear. It is extremely ludacris. The reason I find it both comical and ludacris is because freedom of expression is a human right. The reason I wear the hat is that I am in support of a Conservative President. I support his Pro-Life stance, his call to a return of Traditional values, his defense of the West, his speech on why we must protect Western Values and our Judeo-Christian heritage, his Muslim ban and his support for Israel.
1.0 INTRODUCTION In the Universal Declaration of Human Rights (UDHR), freedom of speech falls under the Article 19 which is the freedom of opinion and expression. It protects one’s freedom ‘to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers’ (The United Nations, 1948). Article 19(2) of the International Covenant on Civil and Political Rights (ICCPR) adds that the freedom of expression could be ‘either orally, in writing or in print, in the form of art, or through any other media of his choice’. Besides being an individual’s fundamental liberty of expression, Santa Clara University School of Law Professor Russell W. Galloway (1991) states that free speech is the ‘matrix of all other freedoms’.