inexorably to or tends to cause public disorder or tends to
cause or tends to affect the sovereignty & integrity of India, the
security of the State, friendly relations with foreign States, etc.
Why it is important to have these three concepts in mind is
because most of the arguments of both petitioners and
respondents tended to veer around the expression “public
order”.
14.
It is at this point that a word needs to be said about the
use of American judgments in the context of Article 19(1)(a). In
virtually every significant judgment of this Court, reference has
been made to judgments from across the Atlantic. Is it safe to
do so?
15.
It is significant to notice first the differences between the
US First Amendment and Article 19(1)(a) read with Article 19(2).
The first important difference is the absoluteness of the U.S.
first Amendment – Congress shall make no law which abridges
the freedom of speech.
Second, whereas the U.S. First
Amendment speaks of freedom of speech and of the press,
without any reference to “expression”, Article 19(1)(a) speaks of
15