PARAMETERS OF FREEDOM OF SPEECH UNDER THE CONSTITUTIONAL MANDATE OF BANGLADESH AND THE USA: A PRELIMINARY COMPARATIVE ANALYSIS

Abstract

This research is about the parameters of the freedom of Speech under the Constitutional mandate of the Bangladesh and the USA. In this research paper we explore the acceptable parameters of the freedom of expression in the constitutional law of the Bangladesh & USA and we also explore the ways to utilize comparative constitutional law method to develop to the contents for the freedom of speech in Bangladesh based on the content in USA. The study is a doctrinal research based on analysis of the relevant primary and secondary legal sources from Bangladesh and US jurisdiction. The research paper presented the different parameters of US and Bangladesh freedom of speech doctrine in order to facilitate comparison. It did not detail on philosophical justifications for the freedom of speech, which potentially has some relevance in the development of parameters. The research paper also did not attempt to compare the differing extra-legal (political, economic) contexts of these two jurisdictions, and its potential impact on such comparative exercise.

This research is divided into six chapters. The first one is the present introductory chapter. In the Second Chapter, contains on the basis concept of freedom of speech. The Third Chapter contains on the acceptable parameters of freedom of Speech in the constitutional law of Bangladesh. The Fourth Chapter contains the acceptable parameters of freedom of Speech in the constitutional law of USA. The Fifth Chapter contains lessons from the comparative exercise. Finally, the Six Chapter presents the conclusion.