FREEDOM OF SPEECH OR A LICENSE TO CHAOS? EXAMINING THE THIN LINE BETWEEN EXPRESSION AND INCITEMENT TO LAWLESS ACTIVITY

AUTHOR – KHYATI SINGH, STUDENT AT AMITY LAW SCHOOL AMITY UNIVERSITY NOIDA

BEST CITATION – KHYATI SINGH, FREEDOM OF SPEECH OR A LICENSE TO CHAOS? EXAMINING THE THIN LINE BETWEEN EXPRESSION AND INCITEMENT TO LAWLESS ACTIVITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 196-211, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

While not guaranteed, freedom of speech is a key principle in democratic nations. The essay examines the ethical and legal dilemmas associated with speech that may incite unlawful behavior. It examines the challenging equilibrium between safeguarding free expression and preventing harm to individuals and society by analyzing key judicial rulings and scholarly articles. The study examines the criteria employed by courts to determine if speech constitutes incitement, including the Brandenburg v. Ohio Test in the United States and analogous standards in other jurisdictions. It examines the challenges social media businesses encounter in regulating potentially harmful discourse, as well as the psychological and sociological factors that influence the impact of speech on behavior. This research seeks to elucidate the intricate concerns pertaining to free speech and its potential to incite criminal behavior via the examination of diverse perspectives and case studies. The paper’s conclusion encompasses reflections on the implications for law enforcement, policymaking, and the future of democratic states in the digital era.