held that a restriction in order to be reasonable must be
narrowly tailored or narrowly interpreted so as to abridge or
restrict only what is absolutely necessary. It is only when it
comes to the eight subject matters that there is a vast
difference. In the U.S., if there is a compelling necessity to
achieve an important governmental or societal goal, a law
abridging freedom of speech may pass muster. But in India,
such law cannot pass muster if it is in the interest of the general
public. Such law has to be covered by one of the eight subject
matters set out under Article 19(2). If it does not, and is outside
the pale of 19(2), Indian courts will strike down such law.
18.
Viewed from the above perspective, American judgments
have great persuasive value on the content of freedom of
speech and expression and the tests laid down for its
infringement.
It is only when it comes to sub-serving the
general public interest that there is the world of a difference.
This is perhaps why in Kameshwar Prasad & Ors. v. The
State of Bihar & Anr., 1962 Supp. (3) S.C.R. 369, this Court
held:
18