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Title: Obscenity, internet, free press and free speech: constitutions of India and the United States
Authors: Gautam, Khagesh
Jindal Global Law School
Keywords: Obscene Speech
Freedom of the Press
Adult Speech
Constitution of India
Issue Date: 31-Dec-2014
Publisher: Wildy & Sons
Citation: Gautam, Khagesh. (2014). Obscenity, internet, free press and free speech: constitutions of India and the United States. Journal of Comparative Law, Vol 8 No 1: 45-62
Abstract: This article makes a comparative analysis of obscene speech doctrines as articulated by the Supreme Courts of India and the United States. By examining closely several relevant statutes and leading supreme court cases on the point, the article attempts to demonstrate that the Indian obscene speech doctrine is moving closer to the U.S. doctrine. The Indian doctrine is still evolving, but there is a very clear shift in the Indian judicial reasoning that goes in the U.S. direction. The judicial devices put in place by Indian Supreme Court in two leading decisions on the point viz. Anand Patwardha Case and Ajay Goswami Case, both of which are closely examined in this piece are very similar to the ones articulated by the U.S. Supreme Court. Based on this the article predicts that depending on the kind of obscene speech cases that will eventually be presented before the Indian Supreme Court, the Indian obscene speech doctrine will move substantially closer to the existing U.S. doctrine on the point.
ISSN: 1477-0814
Appears in Collections:JGU Research Publications

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