Constitution

Hate Speech vs. Free Speech: A Constitutional and Legal Balancing Act

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Published On: October 7th 2025 Authored By: Manyata Singh Maharaja Surajmal Institute, GGSIPU Abstract Freedom of speech and expression is one of the most celebrated rights in a democratic polity. Enshrined in Article 19(1)(a) of the Constitution of India, it is considered a precondition for the flourishing of democracy, the exchange of ideas, and the […]

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HATE SPEECH VS. FREE SPEECH: A CONSTITUTIONAL AND LEGAL BALANCING ACT

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Published On: October 7th 2025 Authored By: Rakesh Kr Chaurasiya Department of Law, CMP Degree College, Prayagraj ABSTRACT The purpose of this article is to find out and understand the difference between free speech and hate speech. Should hate speech be banned? This article contends the debate on this question by analysing the constitutional as

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Hate Speech vs. Free Speech: A Constitutional and Legal balancing Act

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Published On: October 7th 2025 Authored By: Pakhi Tandon Christ (Deemed to be University), Pune Lavasa Abstract This paper examines the clash between hate speech restrictions and free speech protections in constitutional democracies, comparatively in India and the United States. Both countries are founded on free speech protections, but the U.S. First Amendment enjoys near-absolute

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Hate Speech vs. Free Speech: A Constitutional and Legal Balancing Act

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Published On: October 7th 2025 Authored By: Ishika Aggarwal Maharaja Agrasen Institute of Management Studies Abstract Freedom of speech is often called the backbone of a democracy1 — but what happens when that very freedom starts being used to divide rather than to express? In recent years, India has seen a surge in hate speech

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Hate Speech vs. Free Speech: A Constitutional and Legal Balancing Act in India

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Published On: October 7th 2025 Authored By: Saksham Rai Law Centre 2, Delhi University 1. Introduction The interplay between hate speech and free speech presents a fundamental challenge in constitutional democracies, particularly in plural societies such as India. The Constitution of India enshrines freedom of speech and expression under Article 19(1)(a), but this right is

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