SHOUKAT ALI vs GOVERNMENT OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad art

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SHOUKAT ALI VS GOVERNMENT OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad art. 19---Freedom of speech---Right to dissent---Criticism of State and its policies---National security predicament---Rationale for free speech is at least threefold---One, human beings have agency and can distinguish between truth and falsehood---Two, in a marketplace of ideas where all sorts of desirable and undesirable ideas are available, truth eventually drives out falsity---Three, the standards for enforcing fundamental rights to equality, dignity and liberty evolve over time---as dissenters challenge existing ideas, social consciousness grows, the condition of human existence and rights improve and society progresses---It is in society's collective interest that right to dissent be upheld, even though critical ideas might seem unpalatable---It is in the State's own interest to tolerate ideas critical of it---Criticism of the State and its policies is a natural outcome of democratic system of governance and does not produce a national security predicament---National security is a meaningful concept and must not be bandied about in a trivial manner or used as a prop to defeat fundamental rights of citizens, including the right to free speech and information---Security of the State must not be projected by the State itself to be so fragile that critical speech or a level-playing field for the media would shake its foundation---Disagreeable or critical speech does not fall within the category of speech that is unprotected under art. 19 of the Constitution---Right to freedom of speech as guaranteed by art. 19 of the Constitution is not unconditional---Constitution itself carves out categories of speech that are illegal and unprotected.

SHOUKAT ALI vs GOVERNMENT OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad art — 2024 PLD 135 ISLAMABAD

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