Isabella Carter
Seditious speech is not protected by the Indian Constitution, and is in fact a crime. The word 'sedition' was dropped from Article 13 of the draft constitution, which granted liberty for the exercise of freedom of speech. However, Article 19(2) places certain restrictions on freedom of speech, including seditious speech. In the United States, the First Amendment protects the right to free speech, even if it is considered hate speech. In Russia, the Constitution claims to protect freedom of thought and expression, but those expressing critical viewpoints may be punished.
| Characteristics | Values |
|---|---|
| Country | India, United States, Russia |
| Constitution | Indian Constitution, U.S. Constitution's First Amendment, Russia's Constitution |
| Seditious Speech | Not protected by the Indian Constitution, not explicitly mentioned in the U.S. Constitution, not protected by Russia's Constitution |
| Freedom of Speech | Protected by the Indian Constitution, protected by the U.S. Constitution, protected by Russia's Constitution with some restrictions |
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What You'll Learn
- The Indian Constitution doesn't ban seditious speech, but it is still a crime
- The US Constitution's First Amendment protects freedom of speech
- The Russian Constitution claims to protect freedom of thought and expression, but critics can be punished
- The Indian Constitution's Article 19(1)(a) guarantees freedom of speech and expression
- The US Constitution doesn't define hate speech
The Indian Constitution doesn't ban seditious speech, but it is still a crime
The Indian Constitution does not ban seditious speech, but it is still a crime. While the word "sedition" was dropped from Article 13 of the draft constitution, which granted liberty for the exercise of freedom of speech, the final constitution of India included certain restrictions on freedom of speech and expression. Article 13(2) of the draft constitution provided that freedom of speech and expression would not affect any existing law or prevent the State from making any law relating to "libel, slander, defamation, sedition or any other matter which offends against decency or morality or undermines the authority or foundation of the State." This means that while the Indian Constitution does not explicitly ban seditious speech, it does allow for laws to be made that would criminalise such speech.
The deletion of the word "sedition" from the draft constitution was the result of severe opposition mounted by Lahiri, who argued for the protection of freedom of speech. However, the final constitution of India, which was tabled before the assembly on February 21, 1948, included restrictions on freedom of speech and expression that allowed for the criminalisation of seditious speech.
The Indian Constitution's approach to seditious speech is similar to that of other countries, such as Russia, which claims to protect freedom of thought and expression while also imposing penalties on those who espouse critical viewpoints. In the United States, the First Amendment protects freedom of speech, but there are still laws against certain types of speech, such as seditious libel, which is defined as "any writing that brings into contempt or vilifies the government, the Constitution, the courts, or the military."
While the Indian Constitution does not explicitly ban seditious speech, it is important to note that such speech can still be criminalised through other laws. This means that individuals who engage in seditious speech may still be subject to legal consequences, even if the constitution does not directly prohibit such speech.
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The US Constitution's First Amendment protects freedom of speech
In the United States, there are no laws against hate speech due to the rights protected by the First Amendment. This means that individuals are free to express their opinions, even if they are considered offensive or controversial by others.
While the First Amendment guarantees freedom of speech, it is not absolute. There are certain restrictions and limitations in place to protect national security and public order. For example, speech that incites imminent lawless action or advocates for the overthrow of the government may be restricted.
In other countries, such as India, the constitution may provide for freedom of speech while also including restrictions on certain types of speech. For example, in India, the constitution guarantees freedom of speech and expression but also includes provisions that allow for laws relating to libel, slander, defamation, sedition, or any matter that offends against decency or undermines the authority of the state.
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The Russian Constitution claims to protect freedom of thought and expression, but critics can be punished
While the Russian Constitution shuns censorship and claims to protect freedom of thought and expression, critics of the government can be punished. The Constitution guarantees freedom of thought and expression and prohibits censorship. However, those espousing critical viewpoints may be subject to a fine, community service or prison.
The Constitution of the Russian Federation guarantees the right to freedom of conscience, religion, and thought. Everyone has the right to freedom of thought and speech. However, propaganda or campaigning inciting social, racial, national or religious hatred and strife is impermissible. The Russian government has been criticised for its crackdown on freedom of expression, with calls to remove all undue restrictions on the right of people in Russia to freely receive and disseminate independent information and express critical views.
In the United States, there are no laws against hate speech. Due to rights protected by the U.S. Constitution’s First Amendment, a person can say just about anything to another person or group without penalty under the law. This is true even if the person or group targeted by the speaker is a member of a protected class.
In India, the word “sedition” was dropped from Article 13 of the draft constitution. The freedom of speech and expression appeared in Article 19 (originally Article 13) in the final constitution of India as Article 19(1) with 19(2) placing certain restrictions on it.
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The Indian Constitution's Article 19(1)(a) guarantees freedom of speech and expression
In contrast, the U.S. Constitution's First Amendment protects a wide range of speech, including insults, rude statements, and disparaging comments. This is true even if the targeted person or group is a member of a protected class. However, it's important to note that Russia's Constitution, while claiming to protect freedom of thought and expression, may punish those who express critical viewpoints with fines, community service, or prison sentences.
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The US Constitution doesn't define hate speech
The US Constitution does not define hate speech. While hate speech may be offensive and hurtful, it is generally protected by the First Amendment. This is because the First Amendment protects the freedom of expression. One common definition of hate speech is:
> Any form of expression through which speakers intend to vilify, humiliate or incite hatred against a group or a class of persons on the basis of race, religion, skin colour, sexual identity, gender identity, ethnicity, disability or national origin.
However, there is no legal definition of hate speech under US law. The Supreme Court has identified narrow exceptions to the First Amendment, including speech that constitutes unlawful incitement, true threats, intimidation, or discriminatory harassment. Some of these exceptions encompass speech that one might identify as hate speech.
In the United States, there are no laws against hate speech. This means that a person can say just about anything to another person or group without penalty under the law. This is true even if the person or group targeted by the speaker is a member of a protected class.
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Frequently asked questions
No, seditious speech is not protected by the Indian Constitution. Article 13(2) of the Indian Constitution states that freedom of speech and expression does not affect any existing law or prevent the State from making any law relating to "libel, slander, defamation, sedition or any other matter which offends against decency or morality or undermines the authority or foundation of the State".
Yes, seditious speech is protected by the US Constitution's First Amendment. This means that a person can say just about anything they want to another person or group without penalty under the law.
Russia's Constitution shuns censorship and claims to protect freedom of thought and expression. However, those espousing critical viewpoints may be subject to a fine, community service or prison.
The UK does not have a written constitution, but it does have a set of laws and principles that make up its unwritten constitution. As such, the UK does not have a specific law against seditious speech. However, there are other laws that may be relevant, such as those relating to incitement to violence or hate speech.
