The Rationales behind Freedom of Speech & Expression and Trademark Law

The basic premise of the functioning of the state is the liberty of its subjects. Such liberties are often reduced into an underogable written document called the ‘Constitution’. As Patrick Henry puts it “The Constitution is not an instrument for the Government to restrain the people, it is an instrument for the people to restrain the Government.” Freedom of Speech is recurrently considered as the first and foremost axiom of liberty. It is the enforcement of freedom of speech and to express oneself that gives birth to liberties of other description. The unbridled ability to express one’s ideas and thoughts without any fear of sanctions constitutes freedom of speech in the true sense and thus shall be protected perpetually. This untrammeled protected is warranted as it allows the progression of state by opening up platforms for fearless & free discussion, propagation of ideas and values, dissemination of information, formation of viewpoints and opinion on mattes and issues of public importance like economic, social and political matters and thus consequently allows people to think, reason out and criticize the decision making of the government, if required. In this way the freedom of speech & expression serves as the bastion of democracy. The Constitution of India guarantees to the citizens of India the solemn right to Freedom of speech & expression vide Article 19(1)(a). This portentous right can be exercised throughout the territories of India subject to the restrictions enshrined under clause (2) of Article 19. The scope of the freedom of speech & expression has been under judicial scrutiny right from the very enforcement of the Constitution. Judicial interpretations of the freedom of speech & expression have been aimed to augment and magnify the scope of the said freedom in order to cover the maximum facets within its umbrella.