Free Speech and the Brandenburg Test
India Legal|March 8, 2021
With Indian courts having to deal with cases involving freedom of speech and alleged acts of sedition, it is pertinent to examine the “Brandenburg Test”, a landmark principle based on the US Constitution
Free Speech and the Brandenburg Test

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.

この記事は India Legal の March 8, 2021 版に掲載されています。

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この記事は India Legal の March 8, 2021 版に掲載されています。

7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。

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