absolute
at
all
times
and
under
all
circumstances. There are certain well-defined and
narrowly limited classes of speech, the prevention
and punishment of which has never been thought to
raise any Constitutional problem. These include the
lewd and obscene, the profane, the libelous, and
the insulting or 'fighting' words—those which by
their very utterance inflict injury or tend to incite an
immediate breach of the peace. It has been well
observed that such utterances are no essential part
of any exposition of ideas, and are of such slight
social value as a step to truth that any benefit that
may be derived from them is clearly outweighed by
the social interest in order and morality. 'Resort to
epithets or personal abuse is not in any proper
sense communication of information or opinion
safeguarded by the Constitution, and its punishment
as a criminal act would raise no question under that
instrument.' Cantwell v. Connecticut, 310 U.S. 296,
309, 310, 60 S.Ct. 900, 906, 84 L.Ed.1213, 128
A.L.R. 1352.”
(at page 1035)
17.
So far as the second apparent difference is concerned,
the American Supreme Court has included “expression” as part
of freedom of speech and this Court has included “the press” as
being covered under Article 19(1)(a), so that, as a matter of
judicial interpretation, both the US and India protect the
freedom of speech and expression as well as press freedom.
Insofar as abridgement and reasonable restrictions are
concerned, both the U.S. Supreme Court and this Court have
17