Course Type | Course Code | No. Of Credits |
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Foundation Elective | SLGC2LP208 | 4 |
Semester and Year offered: II Semester and IV semester (Winter 2019)
Course coordinator: Dr. Anushka Singh
Email of course coordinator: anushka@aud.ac.in
Pre-requisite: None
Aim The course offers to explore the criticality of speech while juxtaposing the idea of speech as a right with the notion of speech as harm to identify and conceptualize those forms of expressions that are criminalized in a society. This juxtaposition is explored in the analysis of laws against speech crimes, jurisprudence norms and the ground narratives related to the understanding of offences related to speech. The focus of the course is on the aspect of state criminality in identifying speech crimes as opposed to societal persecution/censorship etc. which also equally impact the criminalization of speech forms. The course is comparative in frame borrowing legally and conceptually from across jurisdictions though it specifically aims to understand the speech crime discourse in context of India. The overwhelming influence of the US Supreme Court on the Indian free speech jurisprudence explains the vast amount of US court literature in the course along with references from European and other jurisdictions that have functioning liberal democracies.
Political philosophy in its quest for theorizing human existence has often dwelt upon the idea of political which is assumed to be intrinsic to human beings. This immanence of political within human beings is more often than not, attributed to the fact that human beings possess speech hence are capable of deliberation and decision making which forms the core of the activity of politics. Speech, therefore, emerges both as a constitutive and an enabling right. One of the central concerns of the rights discourse in liberal-democratic societies has been the issue of free speech. The concern however, more often than not, takes form of the binary debate between right to and restrictions on freedom of expression. This course, while keeping the centrality of this debate intact, aims to engage with the question of speech and harm.
Course Outcomes:
On successful completion of this course
Brief description of modules
The course explores the critical location of speech within human society and politics by placing it within the discourse of restriction on and criminalization of speech. It begins by introducing students to the theories of free speech and the contested category of ‘extreme speech’ and proceeds by way of a detailed analysis of four speech crimes.
Module 1: Theorizing speech (2 weeks)
Week 1 and 2: |
This module introduces the contours of the course- speech/expression as human and speech as political, the notion of speech as action and the counter position. The module proceeds further by conceptually engaging with the theories of free speech linking it back to the question of centrality of right to freedom of expression in liberal democracies. It tries to also briefly introduce students to the legacy of the anti-colonial movement tracing the evolution of the free speech discourse in India. |
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Module 2: From Free speech to extreme speech: conceptual engagement (2 weeks) Weeks 3 & 4: | Following up from the previous module while critically engaging with the theories of free speech, this module traces the origin of the category of ‘extreme speech’ within the debates on freedom of expression. It introduces students to the juxtaposition of free speech as a right with speech as harm. It engages with the category of extreme speech and focusses on the theoretical rationales behind restricting certain forms of expression in liberal societies while counterposing them with liberal defenses in favour of allowing the circulation of extreme speech. |
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Module 3: Libel (2 weeks) Weeks 5 and 6 |
This is the first specific module on speech crimes taking up an analysis of the offence of libellous expressions. The module would explore the tension between freedom of expression and privacy interests of individual. The module would also initiate discussion on freedom of press in India in the context of charges of libel against press. |
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Module 4: Hate Speech (2weeks)
Weeks: 7 and 8
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This module explores the idea of harm in relation to community identities through the lens of the social offence of hate speech. Hate speech is a broad category of offence targeting social classes. It has been one of the most difficult and apprehensive categories even for those who take almost an absolutist stand in defence of free speech. The module analyzes the theoretical reflections on the category of hate speech, hate speech jurisprudence in a comparative frame with India as well as literature on how the hate speech laws in India are invoked on ground with discussions also revolving around how laws protecting vulnerable groups like Dalits are viewed within the discourse on free speech |
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Module 5: Seditious and treasonable expressions (2 weeks)
Weeks 9 and 10 | This modules begins by reflecting on what is termed in free speech discourse as the ‘preferred position of political speech’. It discusses crimes of lower treason in relation to treasonable expressions, advocacy of violence against government and sedition through a study of Indian laws with comparative insights on how these laws have been read down in other jurisdictions. Alongside it reflects on the rationales of national security, public order, etc. and juxtaposes them with some case studies related to application of the laws in India. |
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Module 6: Pornography (2 weeks) | This module approaches the question of speech crime through two particular entry points- first the tension between freedom of expression and ‘public morality’ and second, pornographic expressions and harm to women. It discusses the conflict between the language of law, the jurisprudence on obscenity where the primary concern has been the protection of public morality and the feminist discourse on pornography/obscenity trying to address the question of pornographic expressions primarily through the lens of gender and sexual violence. Within the feminist discourse as well the contours of debate have revolved around disagreements on whether censorship on pornography is the best way of countering violence on women. |
Weeks 11 and 12
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Assessment details with weightage
Critical reading and analysis of specific judgments in relation to speech crimes, examples of which are given below, would be one of the crucial assignments for students:
A combination of final term examination, response essays, group presentations, and class participation.
Critical reading of judgments (presentation and written submission) | 30 |
Mid term | 25 |
Response essay | 10 |
End term | 25 |
Class participation | 10 |