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What the US Supreme Court decreed on free speech and incitement to violence, Brandenburg v Ohio, 395 US 444 (1969)

Follow us on FROM TOI PRINT EDITION What the US Supreme Court decreed on free speech and incitement to violence, Brandenburg v Ohio, 395 US 444 (1969) March 11, 2021, 7:35 PM IST Part 6 of the ‘Free to Air’ series In recent months, the actions of the police as well as the judiciary in cases concerning protests against the CAA and the farm laws have raised concerns regarding unconstitutional invasion of free speech. At the same time, allegations also abound regarding speeches made by public figures that may have provoked or encouraged violence. A half-a-century-old landmark judgment by the US Supreme Court might help us find the road ahead.

What constitutes contempt of court? Here s how a UK judgment from 1968 decided the matter

What constitutes contempt of court? Here’s how a UK judgment from 1968 decided the matter March 4, 2021, 9:44 PM IST Part 5 of the ‘Free to Air’ series   One of the restrictions to free speech, which has been enshrined in the Constitution of India, is contempt of court. Oftentimes, the law on contempt has been used by the judiciary to limit instances of criticism against it. Fortunately, however, there is well-established precedent that all criticism does not qualify as contempt. Where, then, is the line? In India, an overarching law regarding contempt was introduced with the Contempt of Courts Act in 1971. The law’s origins, however, can be traced back to its colonial history and the common law principle that courts of records can punish for contempt. It is only befitting then to turn to a 1968 judgment of the Court of Appeal of England and Wales, rendered a few years before the Act was passed, to understand what constitutes contemptuous speech.

What the Supreme Court said in 1981, on how newsprint duties impact freedom of the press in India

Follow us on FROM TOI PRINT EDITION What the Supreme Court said in 1985, on how newsprint duties impact freedom of the press in India February 19, 2021, 12:22 PM IST Part 2 of the series ‘Free to Air’ In 1985, the Indian government began levying import duty on newsprint imported from abroad along with an auxiliary customs duty. This resulted in an increase in the price of newspapers and reduced their circulation. These levies were challenged by several publishers, editors and printers of daily newspapers for stifling their freedom of speech and expression. In response, the government argued that these duties had been levied on newsprint in ‘public interest’ so as to augment revenue.

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