Chanan Parwani and Akash Nagar analyze the Freedom of Speech and Expression in the Indian Constitution and the Freedom of Speech in the Bill of Rights incorporated in the United States Constitution.

Abstract

The extent of the guarantee of freedom of speech and expression in any constitution is symbolic of the liberty enjoyed by its citizens. The Supreme Court of India has taken a strong stand in upholding the fundamental rights of the citizens of India. Article 19(1) guarantees certain fundamental rights, subject to the power of the state to impose restrictions on the exercise of those rights. These restrictions have been laid down in Article 19, Clause (2) to (6) but for the purpose of this analysis, we are focusing only on Article 19(1)(a), which enunciates that “All citizens shall have the right to freedom of speech and expression”, subject to the specific restrictions in Article 19(2). And on the other hand, the First Amendment of the United States Constitution states that the US Congress shall make no law abridging the freedom of speech and by subsequent interpretations the ambit of First Amendment it has been held to restrict the power of the state legislature as well. The purpose of this comparative study is analyze the Freedom of Speech and Expression in the Indian Constitution and the Freedom of Speech in the Bill of Rights incorporated in the United States Constitution by the First Amendment in light of the United States v. Alvarez case, which held that an Act which criminalizes false statements is unconstitutional since the Act infringes upon freedom of speech protected by the First Amendment of the US Constitution.