Advanced International Journal for Research

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Freedom Of Speech VS Hate Speech A Comparative Constitutional Study of India and USA

Author(s) Shipra Sharma, Dr. Amit Kashyap
Country India
Abstract The majority of people residing in today’s world have an opinion that democracy is the ideal form of government, and the right of free speech is the basic foundation of democracy which being the cornerstone of democracy. The freedom of speech is considered as mother of all freedom rights which guarantee individual liberty India and the USA are two of the most crucial democracies in the whole world. In both countries, freedom of speech has been granted in their constitution. However, freedom of speech rights are different in both countries despite not being absolute in either country. These rights are governed by the separate type of government and implemented by judiciaries in their own way, so both countries have different approaches while regulating them. The citizens residing in these countries have their own way to express their freedom of speech to express themselves and have completely different ways to express their emotions and their liability. So freedom of speech we enjoy has its own limits, and hate speech is one of the limits imposed on the freedom of people, which poses a fundamental challenge to the rights of people. After enquiring about the status of this right of freedom in the USA and India, it is recognised that the expansion of this right's limitation for the people of India is much wider compared to the people of the USA. The USA grants protection even in the case of offensive speech, whereas India imposes more restrictions in the name of public dignity. Through the legal and comparative analysis, the paper tries to compare how different democratic countries work well; it must consider freedom of speech to share their ideas and views but put an absolute check on its limit, as sharing views and spreading hate are different concepts, as sharing views increases growth, whereas increasing hate destroys peace and harmony in society.
Keywords freedom of speech, hate speech , democracy, U.S, India
Published In Volume 6, Issue 5, September-October 2025
Published On 2025-09-27
DOI https://doi.org/10.63363/aijfr.2025.v06i05.1431
Short DOI https://doi.org/g95hw5
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