Preview

Freedom of Speech and Expression

Good Essays
Open Document
Open Document
1108 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Freedom of Speech and Expression
Jomy T. J, 2nd year MABJ
1. Identify the articles in the constitution of India which are related to the freedom of the press?
Expression through speech is one of the basic guarantees provided by civil society. Freedom of speech enjoys special position as far India is concerned. The importance of freedom of expression and speech can be easily understand by the fact that preamble of constitution itself ensures to all citizens inter alia, liberty of thought, expression, belief, faith and worship. The constitutional significance of the freedom of speech consists in the Preamble of Constitution and is transformed as fundamental and human right in Article 19(1) (a) as “freedom of speech and expression”. Explaining the scope of freedom of speech and expression Supreme Court has said that the words "freedom of speech and expression" must be broadly constructed to include the freedom to circulate one's views by words of mouth or in writing or through audiovisual instrumentalities. Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. It thus includes the expression of one's idea through any communicable medium or visible representation, such as gesture, signs, and the like. It therefore includes the right to propagate one's views through the print media or through any other communication channel e.g. the radio and the television.
Every citizen of this country therefore has the right to air his or their views through the printing and or the electronic media subject of course to permissible restrictions imposed under Article 19(2) of the Constitution. Article 19(2) in The Constitution Of India 1949(2) states: nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the

You May Also Find These Documents Helpful

  • Good Essays

    Freedom of speech is right we have that allows us to think or say however we feel and Freedom of press prevents the government from controlling what is broadcasted on Tv’s, radios or any form of press. Then this leads us to the freedom of assembly and right to petition. The freedom…

    • 872 Words
    • 4 Pages
    Good Essays
  • Good Essays

    That freedom of speech is quintessential to the survival of democracy is almost a universal truth – one which finds support in the Indian Constitution as well. However, freedom of speech, if left completely unbridled, can be abused, to marginalize certain social groups. Such speech, which incites hatred towards a particular social group – usually national, religious, or racial, is commonly known as hate speech.…

    • 201 Words
    • 1 Page
    Good Essays
  • Good Essays

    The social and political activist Abbie Hoffman once said “Free speech means the right to shout “theatre” in a crowed fire.” What Hoffman said explains exactly what having Freedom of speech is like. Freedom of speech is something every American is granted, yet many who do in fact speak their mind are ridiculed. Freedom of Speech is one of the many perks that an American has besides having individual liberty. Instead of using Freedom of Speech to help others around the world who do not have it, many people use it for the wrong reason and can lead to harmful outbursts. Throughout the course of History, Freedom of Speech has become progressively negative and people have begun to push the boundaries of the First Amendment rule while asking the…

    • 1005 Words
    • 5 Pages
    Good Essays
  • Good Essays

    . . abridging the freedom of speech, or of the press" in today's meaning is that the gov't may not jail, fine, or impose civil liability on a person or organization except in exceptional circumstances. The First Amendment does not protect speakers, however, against private individuals or organizations, such as private employers, private colleges, or private landowners as it only restrains the gov't. The Supreme Court has interpreted “speech” and “press” broadly as covering not only talking, writing, and printing. It also covers also broadcasting, using the Internet, and other forms of expression and also applies to displaying flags, burning flags, wearing armbands, burning crosses. The Supreme Court has held restrictions on content but if a law prohibits the people from criticizing a war, opposing abortion, or advocating high taxes it might be problematic as it distorts public debate and contradict a basic principle of…

    • 948 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Free Speech

    • 578 Words
    • 3 Pages

    “Congress shall make no law ...abridging the freedom of speech”. From the nation’s dawn freedom of speech has been an important right. Many examples of free speech include people being allowed to protest wars to people disagreeing what type of ice cream is best; free speech allows us to be a democracy. The debate lies between the values of free speech and autonomy against utilitarianism and unity. The absolution of free speech under current federal judicial precedence is necessary for a just society.…

    • 578 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    This paper explores the right of free speech. It was researched among a great variety of literature. Law reports, periodicals, textbooks, magazines were highly in use in this study. The report portrays how people can exercise this particular right and what restrictions are there. In this research paper a whole range of reasons would be given to explain the benefits of free speech. It was researched among a great variety of literature Case studies are described widely in order to show how U.S. Supreme Court performs and implements freedom of speech. In comparison to other countries, in the United States the strong constitutional protection of freedom of speech is embedded in the American culture of the twenty-first century, and the Supreme Court's expansive interpretation of the First Amendment's guarantee of freedom of speech serves to implement the values of American society today.…

    • 2545 Words
    • 11 Pages
    Powerful Essays
  • Powerful Essays

    Freedom of press

    • 2440 Words
    • 10 Pages

    Acorrding to John Keane , “A free press is the ally of happiness”, wrote in 1793 (Keane 65). This quote express the long held idea that the free press, or in other word, freedom of expression, should be considered as a basic human right. As Matthew Tindal, an eminent English deist author, claims “Restrictions on the press are un-Christian and contrary to natural right” (Keane, 2011). The “liberty of the press” functioned only as a “bold and infectious utopian notion” until the middle of nineteenth century in both America and Britain (Keane, 2011). Beginning in the 16th century and continuous into the present day, freedom of the press continues to be an important ideal. This paper will highlight a few specific events and concepts in the 16th , 18th and 21st centuries through the lens of freedom of the press and freedom of expression. I will discuss Martin Luther’s contributions on free expression as an essential part of the Reformation’s influences on weakening the church’s monopoly in 16th century; then moving to 18th century, I will argue the relationship between the growing press market and freedom of the press after the success of American Revolution, I will also give an example of the zoot suit phenomenon happened in early 20th century which I think is related to the idea of freedom of press; finally I will discuss the corporations and state surveillance on people’s free expression and press freedom which is now happening in the 21th century.…

    • 2440 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Freedom Of Speech

    • 918 Words
    • 3 Pages

    Over the years there have been several arguments over the debate of the freedom of speech. The act of speaking without censorship uplifts ethical implications that determine levels of humanity. According to The International Covenant on Civil and Political Rights (ICCPR) the right to freedom of speech is recognized as a social human right. Article 19 of the Universal Declaration of Human Rights which was adopted in 1948 also clearly states: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontier”. This statement entitles the importance that the freedom of speech has upon moral and ethical values. Due to the Theory of Knowledge, Moral Relativism and Duty Ethics provide two different principled viewpoints relating to possible limitations of freedom of speech.…

    • 918 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Freedom of Speech

    • 287 Words
    • 1 Page

    It goes without saying that freedom of speech is the first step of reaching to a free society . Despite the fact that people need to reveal their personal thoughts about politics and criticize it in any facet , many governments are against this right . In this essay I will outline the arguments for and against necessity of freedom speech for a free society. As far as I concerned , with the enormous pace of development of technology in our modern-age and mass producing of TV , Radio and accessibility of most of the people to internet , people are aware of their rights and they have the knowledge that by criticizing and showing their disapproval they can obtain their needs. To give more details , I should mention that people have learnt from the history that by having the right to say their ideas and have the security after that , the society will be better place to live.…

    • 287 Words
    • 1 Page
    Good Essays
  • Good Essays

    Freedom of speech refers to the right of the individual to express his views about matters of interest to him or her. I personally cannot picture a world where we are not allowed or entitled to voice our opinions freely over a matter which we see as important. I see no purpose then of having a mouth and voice if we are unable to speak and express our feelings.…

    • 689 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Media Law in South Africa

    • 1836 Words
    • 8 Pages

    Under the South African Constitution, in the Bill of Rights (1996) it is stated that every person has a right to freedom of expression, which includes freedom of press and the media, the freedom to receive or impart information or ideas, freedom of artistic creativity, academic freedom and freedom of scientific research (Act no.: 108 of 1996). Henceforth press freedom means the autonomy to communicate ideas, opinions and information without restraint. The media are a public trust with the ability to inform and influence and because of this power they should serve to represent the interests of the citizens without external institutional constraints. When analyzing freedom of the press with the current regulatory system, there are two powerful institutions in society which cannot be ignored, that is political and economic power.…

    • 1836 Words
    • 8 Pages
    Better Essays
  • Powerful Essays

    freedom of press in india

    • 6496 Words
    • 26 Pages

    Freedom of expression has always been emphasised as an essential basis for the democratic functioning of a society. The reasons for this are: the right of an individual to self-fulfillment, which right requires the communication of thought; the importance of constantly attempting to attaint he truth, an attempt which is frustrated if information is suppressed or comment blocked; the…

    • 6496 Words
    • 26 Pages
    Powerful Essays
  • Good Essays

    The 1999 constitution guarantees freedom of expression and of the press. Freedom of expression which is also press freedom is the right to express one’s idea and opinions freely through speech, writing and other form of communication. Press freedom is a cornerstone of human rights and a guarantee of other freedoms. It encourages transparency and good governance; it ensures that, over and above the mere rule of law, society enjoys the rule of true justice. There are, however, those who still question the value of freedom of speech to their societies; those who argue that it threatens stability and endangers progress; those who still consider freedom of speech an imposition from abroad and not the indigenous expression of every people's demand for freedom. Freedom of speech is a right to be fought for, not a blessing to be wished for. But it is more than that; it is a bridge of understanding and knowledge. It is essential for that exchange of ideas between nations and cultures which is a condition for true…

    • 624 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.[1]…

    • 2167 Words
    • 9 Pages
    Good Essays
  • Powerful Essays

    The freedom of expression is the right to express freely, assembly peacefully unarmed as well as the right to form associations. This is provided in the Federal Constitution of Malaysia under article 10(1) which is subjected to clauses (2), (3) and (4) where ‘every citizen has the right to freedom of speech and expression’ . As there is frequent use of the internet to express freely, the government had…

    • 2867 Words
    • 8 Pages
    Powerful Essays