1. Indeed, many at times some individuals may find themselves question about the reason that why freedom of speech is so solidly entrenched in the American constitutional law and how wide is it being embraced by the general public. Indeed, it is imperative to think that overtime time historians, legal scholars, judges and philosophers have explored and attempted to give theoretical importance for the solid protection of freedom of press. Moreover, the First Amendment provides protection for freedom of speech that amounts to protection of press and has built ingrained perception that freedom of press is an indispensable tool of self-governance within the democratic society such the American one. According to Tedford and Herbeck (2001) arguments, it can be thought that free press came into existence when America was born.
Freedom of speech and expression is regarded as the first condition of liberty. Freedom of speech plays a crucial role in the formation of public opinion on social, political and economic matters. It embraces within its scope, the freedom of propagation and interchange of ideas, dissemination of information which would help formation of one’s opinion and viewpoint and debates on matters of public concerns.  Freedom of speech and expression implies the right to express one 's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. The phrase ‘speech and expression’ used in Article 19(1)(a) has broad connotation.
In a time where Freedom of Speech has caused many controversial debates, it has become essential to understand the value of this freedom in our society. Although Freedom of Speech certainly comes with its downsides, it plays a necessary function to humans in nature as well as our government because it allows for moral comparisons and subjectivity. “Whatever can be proved to be good, must be so by being shown to be as a means to something admitted to be good without proof”, (Mill p.3). Here Mill begins to introduce the root cause for utilitarianism, which he depicts in this section as the ideology to follow whatever action benefits the majority. He does so by supporting the notion that disagreement and scrutiny between moral beliefs allows for the endeavor to seek the greater good.
Open justice is an important mechanism for regulating the courts, ensuring they act within their power and thus maintaining the right to a fair trial. Therefore, one could argue that in fact, open justice operates in a way in which benefits the defendant. Philosopher Benthem shares this view, arguing that open justice is the “keenest spur to the exertion and the surest guards again
Freedom of Speech and Expression The Preamble of Indian Constitution starts with “ We the people..” and secures its citizens Justice, Equality, Liberty, Fraternity and so on. Constitution aims to provide justice to all. Constitution establishes Freedom and also guarantees different rights incorporated in itself that are self protected. The concept “ Freedom of speech and expression” has been borrowed from American constitution , but its emergence can be easily depicted from Jurisprudence as defined by several jurists in there different theories mainly Ancient theories, medieval theories, Renaissance theories, and Modern theories. These theories are a part of Natural Law, and freedom of speech and expression also serves as basic law to every citizen of society.
This indicates a valid reason why all people are free and therefore deemed to be treated equally – the argument is that ‘standard’ dictates the manner in which civilization should thrive; but what happens to the marginalized or those not affiliated with any agenda seen as being necessary? The law, particularly the Constitution of the republic of South Africa in the modern society, has served as the key of liberation for all; it clearly and unambiguously claims that there is no universal standard by which all cultures – in the concept including religions – may be judged, thus analysis of symbol, practise, opinion, culture, religion or thought in a comparative manner is not
A distorted notion of public interest litigation has resulted in this kind of overreaching. PILs, as originally conceived in 1979 by the Supreme Court, were for to protect the rights of those who had no means of access to the courts to protect them. For example, the court issued orders to prevent the exploitation of labourers on construction sites and the release of bonded labourers. The SC was on firm ground to intervene in such matters, as it had a clear mandate to protect the fundamental rights of individuals. Overall the meaning and content of human rights and personal liberty was enlarged by such orders, and the SC 's activism in such cases was lauded in India and abroad.
Section 16(1) of the Constitution bestows on all the entitlement to freedom of expression. Thus the Constitution promises both the rights to human dignity and freedom of expression. It is however possible that the exercise of freedom of expression may lead to the infringement of human dignity. Thus the Constitution, established on the values of human dignity, equality and freedom, omits specific expressions from constitutional protection because of the conceivable assault on the dignity of others. Specifically, section 16(2)(c) of the Constitution, the hate speech provision, withholds constitutional protection for expression which propagates abhorrence on racial grounds and provokes
And many other constitutional rights were given to the citizens in chapter 2 of the constitution of Maldives. These rights and principles of democracy needs to be protected in order to protect and nourish the democracy in Maldives. So having an ombudsman is important to make sure that these rights are protected and that the negligence of public administration or wrong policy of the government are
Freedom of speech and freedom to protest are closely related - Free speech would not exist if we are not allowed to express our feeling in public spaces. Both negative freedom can be found in Articles 10 and 11 of the Human Rights Act, which means they are both necessary and fundamental right since we have born. These rights can be limited by law to protect others’ interests, only when the limitation is appropriate in a democratic society. For example, no one is legal to spread hateful lies or messages of terrorist. Also, no one is allowed to join violent gatherings.