THREADBrowse · 9 entries, read in order
Speech and the press
From the first free speech cases of 1950 to injunctions, sedition and the missing law on hate speech.
- 01
Review · Lineage
Press Freedom, from Romesh Thappar to Indian ExpressHow a right not named in Article 19 was built: circulation, newsprint, page limits and taxation.
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- 02
Review · Dissent
Fazl Ali J. in Romesh ThapparThe lone dissent in the first free speech cases read "security of the State" to include public order, which the First Amendment then wrote in.
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- 03
Encyclopedia · Test
Proximity and the Spark in a Powder KegHow close speech must be to disorder before it may be restricted: the Indian proximity test and the advocacy–incitement line.
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- 04
Encyclopedia · Doctrine
Prior RestraintRestraining publication before it happens: the presumption against it, pre-censorship of films, and injunctions in defamation.
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- 05
Review · Lineage
Sedition, from Tilak to the Abeyance OrderSection 124A from the colonial trials through Kedar Nath to its suspension in 2022 and its successor provision.
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- 06
Review · Dissent
Mathew J. in Bennett ColemanFree speech as the right of the public to hear a diversity of voices, not only the right of the press to publish.
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- 07
Review · Fault Line
Injunctions against Publication before TrialTrial courts grant them freely; the Supreme Court says they should be exceptional.
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- 08
Proposals · Transplant
An Anti-SLAPP ProcedureEarly dismissal of suits aimed at silencing public participation, on the Californian and Ontarian models.
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- 09
Proposals · Lacuna
No Definition of Hate SpeechSeveral provisions touch it; none defines it, and the Law Commission’s draft offences were not enacted.
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