Parameters of Freedom of Speech under the Constitutional mandate of Bangladesh and USA: A preliminary Comparative analysis.

Abstract

Freedom of speech and expression is a fundamental right in modern societies, and it has particular significance in relation to the well-functioning of the constitutional democratic process. This freedom of speech and expression is essential to the development of human personality and every person should be free in his thought and conscience. On the other hand, it is also essential for the development and functioning of democracy. Bangladesh and United States both are democratic countries and their constitution contains the right to free speech and expression. In this paper, first I have discussed the concept of freedom of speech and expression. Then I attempted to show that from where this right has been recognized. After that I discussed about the importance of this fundamental right in different aspects. I also have discussed our constitution where this right is given as fundamental human right. Further I have tried to sort out the grounds on which restriction can be imposed upon freedom of speech and expression and also discussed their justification. I have focused on the anarchic world order that obstructs States from complete exercise of the freedom of speech and expression along with hegemonic behavior of the States. I have discussed the effect of restriction by other national laws upon Freedom of speech and expression of Bangladesh.