Chilling Effects on Freedom of Speech and Expression in the Digital Age: A Comparative Study on the Role of the US and Indian Supreme Court

Md. Abdul Alim

Chilling Effects on Freedom of Speech and Expression in the Digital Age: A Comparative Study on the Role of the US and Indian Supreme Court

Md. Abdul Alim * §

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University of Rajshahi

Chilling Effects on Freedom of Speech and Expression in the Digital Age: A Comparative Study on the Role of the US and Indian Supreme Court

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Abstract

The First Amendment to the United States Constitution is an essential part of the Bill of Rights. The amendment prohibits making of any law respecting an establishment of religion, obstructing the free exercise of religion, infringing on the freedom of speech, infringing on the freedom of the press, interfering peoples assembling rights in a peaceful manner or prohibiting the petitioning for a governmental remedy of grievances. The guarantees of this Bill of Rights were subject to the limitation imposed by the free speech and press provisions of the First Amendment to the US Constitution as interpreted and applied by the Supreme Court and other courts. The United States and India are the largest democratic country and almost have similar free speech provisions in their Constitutions. This Article is intended to present the free speech provisions of the American and Indian Constitution as a basic fundamental right of human being. It is also to be examined that what is the role of Supreme Court in interpreting the freedom of speech and expression provisions. The study also tries to incorporate the comparison between the looms of both countries as far as freedom of speech is disturbed.

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(1986). Unknown Title.
U Justice Brennan added a brief concurring opinion expressing his view that such a distinction is untenable.
(1964). New York Times Co. V. Sullivan 376 U.S. 254 (1964).
Garrison V,Louisiana (1964). Garrison v. Louisiana (1964).
Cantrell V (1974). Cantrell v. Forest City Publishing Co. (1974).
Amant St,Thompson (1968). Unknown Title.
Hanks (1967). Unknown Title.
Connaughton (1989). 13 Before the Court.
Gertz Welch (1974). Gertz v. Robert Welch, Inc. (1974).
(1967). New York Times Co. V. Sullivan 376 U.S. 254 (1964).
(1964). from hypoglycaemia and was unaware of his actions. The judge refused to leave that defence to the jury. Held, allowing the appeal, the arguments put to the judge failed to distinguish between hyperglycaemia and hypoglycaemia, the former being too much sugar in the blood, and the latter too little. Hyperglycaemia might raise difficult problems about the M’Naghten Rules and verdicts of not guilty by reason of insanity. Hypoglycaemia was not caused by the initial disease of diabetes, but by the treatment in the form of too much insulin, or by insufficient quality or quantity of food to counterbalance the insulin. Generally speaking, that would not give rise to a verdict of not guilty by reason of insanity but would, if it were established and showed that the necessary intent was or might be lacking, provide a satisfactory defence to an alleged crime such as theft, due to lack of mens rea. Those simple facts would be plain to anyone who troubled to read Quick (1973) 57 Cr App R and Hennessy [1989] 1 WLR 287. In the present case, the problem was hypoglycaemia and the judge had to decide whether, on the evidence, there was a prima facie case for the jury to decide whether the defendant was suffering from its effects and, if so, whether the Crown had shown that he had the necessary intent under the Theft Act. It was not doubted that the defendant was a diabetic and there was evidence that he might have been suffering from the effects of a low blood sugar level at the relevant time. That evidence should have been left to the jury. Notes and queries 1 In RvT [1990] Crim LR 256, the court accepted evidence that post-traumatic stress disorder could give rise to automatism. By contrast, in R v Sandie Smith [1982] Crim LR 531, evidence of severe pre-menstrual tension was not accepted as giving rise to automatism. Aside from the issue of whether there was sufficient evidence of automatism in the latter case, the determining factor was the court’s desire to exercise some jurisdiction over the accused. If a plea of automatism is successful the defendant is free to go – the courts cannot compel him or her to receive treatment for the condition giving rise to the automatism. Self-induced automatism.
Anne Lofaso (1986). What Standard of Proof Must Employers Satisfy to Demonstrate the Applicability of a Fair Labor Standards Act Exemption? .
(1988). Hustler Magazine V. Falwell 485 U.S. 46 (1988).
(2009). Notes.
S Unknown Title.

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The authors declare no conflict of interest.

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How to Cite This Article

Md. Abdul Alim. 2021. "Chilling Effects on Freedom of Speech and Expression in the Digital Age: A Comparative Study on the Role of the US and Indian Supreme Court". Global Journal of Human-Social Science - C: Sociology & Culture GJHSS-C Volume 21 (GJHSS Volume 21 Issue C3).

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GJHSS Volume 21 Issue C3

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Journal Specifications

Crossref Journal DOI 10.17406/GJHSS

Print ISSN 0975-587X

e-ISSN 2249-460X

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GJHSS-C Classification FOR Code: 160899

Submission ReceivedFebruary 10, 2021
Peer Review Double Blind
Handling Editor
Accepted March 2, 2021
Published March 15, 2021

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v1.2

Issue date

July 12, 2021

Language

English

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