Analyzing Judicial Behavior Through Free Speech Cases

16 Pages Posted: 9 Jun 2021

Date Written: November 6, 2019

Abstract

Obscenity is an intriguing subject within free speech jurisprudence due to the subjectivity massively predicated on the notion of ‘decency or morality’ of the judges deciding the case. The vagueness that is replete in this notion provides adequate scope for different models of the judicial behavior to play out in the judgments of the courts. In India, obscenity within Article 19 (2) jurisprudence has experienced several twists and turns, and there are certain moments that the court has broken the earlier path and taken a transformative stance. We argue that there has been a discernible change in Judicial perception in free speech cases that can be delineated in cases decided between 1965-75 and 2010-18. For the purposes of this paper, we will be surveying the cases delivered by the Supreme Court in the area of obscenity laws in the aforementioned two periods to demonstrate this change in judicial behavior.

Keywords: Free Speech, Judicial Behaviour, Supreme Court, India, Article 19

Suggested Citation

Subedi, Hardik and Mishra, Tushit, Analyzing Judicial Behavior Through Free Speech Cases (November 6, 2019). Available at SSRN: https://ssrn.com/abstract=3856804 or http://dx.doi.org/10.2139/ssrn.3856804

Tushit Mishra

NALSAR University of Law ( email )

Justice City, Shamirpet, Hyderabad, Telangana
Hyderabad, TX 500101
India

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