Can Freedom Of Speech Be An Incitement To Lawless Activity?

Pavitra Agrawal, Amity University, Noida

ABSTRACT

Although it is not a given, freedom of speech is a fundamental concept in democratic countries. This essay explores the moral and legal issues related to speech that could encourage illegal activity. It investigates the difficult balancing act between defending free speech and averting harm to people and society through a review of significant court decisions and academic publications. The factors used by courts to decide whether speech crosses the line into incitement are discussed in the paper, including the Brandenburg v. Ohio test in the United States and comparable procedures in other jurisdictions. It also looks into the difficulties social media companies face in controlling potentially dangerous speech and the psychological and sociological elements that affect how speech affects behavior. This research attempts to provide a thorough grasp of the complicated issues surrounding free speech and its ability to instigate unlawful conduct by analyzing various points of view and case studies. Reflections on the consequences for law enforcement, policy-making, and the future of democratic nations in the digital age are included in the paper's conclusion.