Editorial 1: The university versus constitutionally protected speech

Context

No institution has the right to limit anyone’s freedom of speech except for the reasons listed in Article 19(2).

Introduction

John Milton, in his famous 1644 pamphlet Areopagitica, declared, “Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.” He opposed the licensing system (imprimatur) that required authors to get government permission before publishing. This system was first introduced in England in 1538 after the printing press arrived and was brought back by Parliament in 1643.

Today in India, several High Courts and even the Supreme Court are examining petitions about the limits of freedom of expression. This raises important questions:

• Should we return to the outdated system where government or university approval is needed before expressing opinions?
• Are university teachers expected to be silent machines, only producing research papers and not sharing their views on current issues?
• Is free speech no longer seen as essential to human dignity and individual self-fulfillment?
• Has truth lost its independence as the highest public good?
• Are excessive restrictions on free speech based on assuming the state’s infallibility?

These questions are critical for India because how it answers them will strengthen or weaken its ethical claim as a true Vishwaguru (world teacher). Currently, India’s position is undermined by its low rank of 151 out of 180 in the World Press Freedom Index, which affects its reputation globally. At the same time, the principle of ‘nation first’ must guide us all. After all, no debate or freedom can survive if the nation itself is threatened. India must remain united against enemies who repeatedly sponsor and export terrorism. The recent Operation Sindoor was a timely and strong response to such threats.

Freedom of Speech and Academic Expression

• We must return to the constitutional vision and win the battle of ideas.
• Every writer should clarify that their views are personal and don’t represent the institution they serve.
• Simply expressing an opinion should not be labeled as ‘activism’ by university management or vice-chancellors.
• An expression of opinion may be dissent, but it is not necessarily activism.
• Public academic institutions often tolerate even activism and active politics.
• Example: A professor once became the national president of the Bharatiya Janata Party (1991-93).
• Writers should not expect institutional support for their personal views.
• Courts must protect constitutionally guaranteed free speech, consistent with their past pro-freedom of speech rulings.
• The U.S. Supreme Court (Texas vs Johnson, 1989) recognized burning the national flag as protected expression — India need not follow that far.
• John Stuart Mill emphasized that minority opinions must not be silenced even if they contradict the majority.
• British jurist William Blackstone (1769) stated that a free press is essential to a free state.
• The U.S. First Amendment (1791) explicitly protects freedom of speech and the press.

Why Freedom of Speech Matters in Democracy and Education

Freedom of Expression and Truth

• Freedom of expression is crucial for attaining the truth.
• John Milton said:
  • “Though all winds of doctrine were let loose to play upon the earth, so truth be in the field, we do injuriously by licensing and prohibiting to misdoubt her strength. Let her and falsehood grapple; who ever knew truth put to the worse, in a free and open encounter.”
• In the age of fake news, allowing everyone to speak helps people decide who is telling the truth.
• Justice Oliver Wendell Holmes Jr. observed:
  • “The best test of truth is the power of thought to get itself accepted in the competition of market.”
• Allowing all views to be expressed supports the government in protecting citizens from falsehoods.

Key Principles of Freedom of Speech

Reasonable Restrictions on Freedom of Speech

• The Constitution allows only “reasonable restrictions” on the freedom of speech and expression.
• The term “reasonable” was added by the First Constitutional Amendment (1951).
• Restrictions can be imposed in the interests of:
  • Sovereignty and integrity of India (added by the Sixteenth Amendment, 1963)
  • Security of the state
  • Public order (added in 1951)
  • Decency and morality
  • Friendly relations with foreign countries (added in 1951)
  • Defamation or incitement to an offence
• No restrictions can be imposed by the government through executive orders; they require legislation.
• Courts use the “doctrine of proportionality” to test if restrictions are reasonable.

Important Judicial Observations

Conclusion

When an author or writer faces consequences, the law is very clear — if what they say is not protected by the Constitution, then no one should defend them. But if their speech is within constitutional limits, the institution should support them. Otherwise, it can discourage teachers and make it hard to bring in great scholars. Students are the true voice of the university. Private school owners should remember that the Supreme Court says education is a profession, not a business. We should welcome different opinions because in a healthy democracy, every voice matters. A university is a place of many ideas and knowledge.