COURTS in democracies the world over, including India’s Supreme Court, have based their decisions on free speech and “protected speech” on the Brandenburg Test. This refers to the US Supreme Court’s verdict in Brandenburg vs Ohio (1969) which had laid down the famous “Brandenburg Test” on the rights guaranteed by the First Amendment and the 14th Amendment to the Ameri can Constitution.
The First Amendment to the Ameri can Constitution states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The 14th Amendment gave it a broader context.
This story is from the March 8, 2021 edition of India Legal.
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This story is from the March 8, 2021 edition of India Legal.
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