Freedom of speech and a free and fair justice delivery system are two most important components of democracy, and striking a balance between them is a must for its smooth running. The law of contempt of court in India has assumed immense social and political significance due to growing judicial tendency to gag and often to subjugate the democratic aspirations and dissent. This book presents a critical assessment of the freedom of speech as enshrined in the Indian Constitution and encroachment on it by the proactive approach of judiciary through the instrument of the law of contempt of the court. Tracing the history of the contempt of court, it discusses at length the various aspects of democracy and freedom of speech, the status of contempt of court in various countries, the law of contempt and constitutional guarantees, and judicial accountability. It also tries to explore gender biases in the delivery of justice in the cases related to the contempt of court.

The essays discuss the restrictions imposed by contempt of court and other laws on media freedom to attend and report legal proceedings. Part I contains leading articles on the open justice principle. They examine the extent to which departures from that principle should be allowed to protect the rights of parties, in particular the accused in criminal proceedings, to a fair trial, and their interest in being rehabilitated in society after proceedings have been concluded. The essays in Part II examine the topical issue of whether open justice entails a right to film and broadcast legal proceedings. The articles in Part III are concerned with the application of contempt of court to prejudicial media publicity; they discuss whether it is possible to prevent prejudice without sacrificing media freedom. Another aspect of media freedom and contempt of court is canvassed in Part IV: whether journalists should enjoy a privilege not to reveal their sources of information.

The common law offence "contempt of court" is the legal mechanism dating back to the early 1100 s by which the judiciary ensures its independence, effectiveness and dignity. It is the means by which the court avoids interference with the administration of justice thereby ensuring that the accused has a fair trial. It is the means by which the court punishes scandalous acts . With the rising of the new constitutional era by which all laws, be they common or statutory, are to conform to the deemed contemporary values of a new democratic society, the offence of contempt has to be in conformity with the values of the Namibian Constitution. One of these values is the fundamental right to freedom of speech and expression bestowed upon the media. The media includes the press, radio, the Internet, and the television. The essence of this book is thus to examine to what extent the common law crime of contempt is in conformity with these constitutional values. In other words, does this offence reasonably restrict the free legal speech of the media as required by a democratic society such as ours? Or is the restriction unwarranted?

In 1993 Rik Scarce was imprisoned for contempt of court in Spokane, Washington. For five months he refused to testify to a federal grand jury about his interviews with animal rights activists after they had broken into a research laboratory, and his story made headlines in numerous newspapers. Now Scarce tells of his jailing and the rationale behind his ethical stance, bringing an ethnographer's trained sensibility and a journalist's storytelling skill to his tale. Viewed as an outsider even by his fellow inmates, Scarce gained from his imprisonment a painful, rare glimpse of the jail world. This text raises serious questions about the failures of the American justice system and protection of civil liberties, and is a valuable resource for criminologists, sociologists, and corrections professionals.

This is a fully revised and updated new edition of the classic work first published in 1985. There have been many important developments since the first edition, including enactment of the Charter of Rights and Freedoms in Canada in 1982, the impact of the European Human Rights Convention, and the consideration by English courts of Judgments of the European Court of Human Rights. Social and cultural changes mean that free speech claims are being made in novel contexts: to challenge the validity of bans on tobacco advertising, to publish 'kiss and tell' stories about celebrities, and to resist attempts to regulate the Internet. Barendt considers the meaning and scope of freedom of speech. How far do free speech and expression clauses protect pornography, commercial advertising, and public meetings on the streets? Does this freedom cover desecration of a national flag? Does it include nude dancing? Eric Barendt discusses the legal protection of free speech in countries including England, the United States (including recent decisions of the United States Supreme Court), Canada, Germany, and under the European Human Rights Convention. He examines the varied approaches of different legal systems and constitutional traditions to balancing free speech and freedom of the press against rights to reputation and privacy, and to copyright and explores the case law in light of the philosophical and political arguments for free speech guarantees.