It is one of the most important fundamental liberties guaranteed against state suppression or regulation.įreedom of speech is guaranteed not only by the constitution or statutes of various states but also by various international conventions like U niversal Declaration of Human Rights, European convention on Human Rights and fundamental freedoms, International Covenant on Civil and Political Rights etc. Liberty to express opinions and ideas without hindrance, and especially without fear of punishment plays significant role in the development of that particular society and ultimately for that state. The first principle of a free society is an untrammeled flow of words in an open forum. In modern time it is widely accepted that the right to freedom of speech is the essence of free society and it must be safeguarded at all time. It occupies a preferred and important position in the hierarchy of the liberty, it is truly said about the freedom of speech that it is the mother of all other liberties.įreedom 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. The freedom of speech is regarded as the first condition of liberty. It is through free speech, people could come together to achieve political influence, to strengthen their morality, and to help others to become moral and enlightened citizens. The essence of free speech is the ability to think and speak freely and to obtain information from others through publications and public discourse without fear of retribution, restriction, or repression by the government. “Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties”. Introduction: Freedom of Speech and Expression The judiciary has upheld the restrictions that can be imposed and the author describes them under several subheadings, but the courts have also held that the government’s interference in this right has to also be kept in check. Reasonable restrictions, however, he noted, should be such that others’ rights should not be hindered or affected by the acts of one man, in the case of Menaka Gandhi v. In Romesh Thappar v Union of India, Justice Patanjali has rightfully held that 19(1)(g) is the very basis and essence of the constitution and our democracy. Article 19 (2) allows for reasonable restrictions to be imposed on all fundamental rights, including that of freedom to speech and expression. However, this right of freedom to speech and expression is not completely unchecked. In India, this right is granted by Article 19(1)(a). It allows people to freely participate in the social and political happenings of their country. It is one of the most basic elements for a healthy, open-minded democracy. Editor’s Note: Freedom of speech, considered the basic freedom by most philosophical thinkers, consists of several facets, including the right to express one’s opinion unhindered, unfettered by the fear of retribution.
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