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The “Balancing” Test and Its Discontents — Indian Constitutional Law and Philosophy

At the heart of the Supreme Court’s upholding of criminal defamation is the argument that the right to freedom of speech under Article 19(1)(a) must be “balanced” against the right to “reputation” under Article 21 (as I pointed out in my post about the judgment, the Court’s examination of the reasonableness of criminal defamation under […]

via The “Balancing” Test and Its Discontents — Indian Constitutional Law and Philosophy

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