Freedom Of Speech And Expression As The Constitutional Basis Of The Right To Protest: A Comparative Global Analysis
- IJLLR Journal
- 2 days ago
- 1 min read
Utkarsh Mishra, Law College Dehradun, Uttaranchal University
Ms. Purnima Tyagi, Law College Dehradun, Uttaranchal University
ABSTRACT
One of the main pillars of democracy is the freedom of speech and expression, which guarantees people the right to actively participate in public conversation and to openly express themselves. The comparative analysis that follows looks at different approaches to defending this fundamental freedom in the UK, USA, and India. The United States Constitution's first amendment serves as a powerful barrier against government interference with free expression. This legal framework, which places a strong emphasis on individual speech and the ability to express anything, regardless of how controversial or hurtful it may be, has been greatly influenced by American history. In the UK, the right is regarded as one of the fundamental freedoms, along with speech and expression, notwithstanding some limitations. These rights are granted by the Indian Constitution, which also permits "reasonable restrictions" in article 19(2) for the defense of societal interests.
A thorough analysis of the country's historical context, which is based on the Indian struggle for independence and a dedication to equal rights, is necessary to comprehend its viewpoint on free expression. This paper examines how these methods have evolved in response to pertinent legal and judicial decisions. It addresses some of the contemporary problems associated with the digital era, such as incorrect information and hate speech on the internet. These difficulties lead to different approaches in the democracies of both nations.
Keywords: Freedom of speech, right to protest, constitutional law, dissent, democracy, comparative constitutionalism, human rights.
