The Secretary, Ministry Of ... vs Cricket Association Of Bengal & ... on 9 February, 1995 to what shall ap- pear in print.... x x x x x x The freedom of speech and press embraces the right to distribute literature, and necessarily protects the right to receive literature which is distributed. It is said that liberty in circulating is as essential to the freedom as liberty of publishing, since publication without circulation would be of little value. The right or privilege of free speech and publication, guaranteed by the constitutions of the United States and of the several states, has its limitations and is not an absolute right, although limitations are recognised only in exceptional cases. x x x x x x The question of when the right of free speech or press becomes wrong by excess is difficult to determine. Legitimate attempts to protect the public, not from the remote possible effects of noxious ideologies, but from present excesses of direct, active conduct are not presumptively bad because they interfere with and in some of their manifestations restrain the exercise of the First Amendment rights. The issue in every case is whether the words used are used hi such circumstances and are of such a nature as to create a clear and present danger that they will bring about substantive evils which the federal or state legislatures have a right to prevent; it is a question of proximity and degree. x x x x x x x The freedoms of speech and press are not limited to particular media of expression. Verbal expression is, of course, protected, but the right to express one's views in an orderly fashion extends to the communication of ideas by handbills and literature as well as by the spoken word. Picketing carried on in a non labor context, when free from coercion, intimidation, and violence, is constitutionally guaranteed as a right of free speech." 34. In "Civil Liberties & Human Rights" authored by David Feldman, the justification for and limits of freedom of expression are stated in the following words. The liberty to express one's self freely is important for a number of reasons. Firstly, self-expression is a signifi- cant instrument of freedom of conscience and self- fulfillment. Second justification concerns epistemology. Freedom of expression enables people to contribute to debates about social and moral values. The best way to find the best or truest theory or model of anything is to permit the widest possible range of ideas to circulate. Thirdly, the freedom of expression allows political discourse which is necessary in any country which aspires to democracy. And lastly, it facilitates artistic scholarly endeavours of all sorts. 35. The obvious connection between press freedom and freedom of speech is that the press is a medium for broadcasting information and opinion. Firstly, media freedom as a tool of self-expression is a significant instrument of personal autonomy. Secondly, as a channel of communication, it helps to allow the political discourse in a democracy. Thirdly, it helps to provide one of the essential conditions in scholarships making possible the ex- change and evaluation of Indian Kanoon - http://indiankanoon.org/doc/539407/ 21

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