The Research Of Jurisprudence On Freedom Of Speech

The freedom of speech is an extremely important character in a society. Theatmosphere of tolerance and freedom can offer the basis which isindispensable for the development of personal intelligence. The freedom ofspeech has been seen as basic human right of the citizen since modern age. Soit is a kind of customary phenomenon that freedom of speech is fixed andprotected by constitutional law. At the same time, the solid theory is also anecessary pillar to prop up the citizen right. The subject of the article consistsin the history of thought that trace back to the freedom of speech namely withthe system history, trying to dig out the positive factors among them, and tocomb the development grain of whole freedom of speech doctrine , completingonce the study process with the panorama type . The part one is a history of thought concerning freedom of speech. Thetradition that announcing personal viewpoint to the public with freedom andno restraint , could back to ancient Greece . Athens , the democratic institutionof the city nation emphasized the argument freely and rationally , and eachcitizen were absorbed in the discussion of the public business . In my opinion ,this is the real source for the western culture inside freedom with toleratingcharacter . Subsequently , the darkness in Middle Ages didn't stranglecompletely the freedom of speech for sheltering in the spirit of Christianity .Certainly , freedom of speech with which we are familiar now , really rosesuddenly in the wave tide of the free capital doctrine . Although no one candeny the fact that freedom of speech was frequently used as weapon tocriticize the feudalism system , by many thinker such as Milton , Spinonza andMill ect , it was also these thinker to argument clearly and systematically thevalue of freedom of speech for the first time . For example , Milton assertedthat personal ration was higher than everything , and the freedom of speech 1was the initial part of the human rights . Spinoza also thought everybody hadthe rational ability , and it was natural character of man to think and expresshimself with no restraint, which would be beneficial to social stability andpolitical safety . In the eyes of people , Mill is the theoretical peak of freedomof speech . He suffered the influence of enlightening movement , andexpatiated the merit of freedom of speech for the human social civilizationdevelopment , pushing the freedom of speech to a theoretical high peak. At thesame time , in the mainland of North America , freedom of speech doctrineprinciple was driven into practice with a kind of deeper and realistic meaningof way . Jackson explained the value with the view of the check and balance tothe valid direct of the political power from the citizen freedom of speech . Theconstitution of the United States , the First Amendment provided freedom ofspeech with absolute protection , setting the pace for the system of the modernage . The part two is to analyze the value of freedom of speech , that is to say , tojustify the freedom of speech as important social character , and discuss itssignificance on individual and society . As to individual , we think that freeexpression may be an indispensable factor for the development of personality ,identifying himself as human being . Mankind is being of ration and dignity ,and every one equally has the rationally ability , people find their position andsignificance in the world with collecting information , making a judgment andexpressing their viewpoints freely . For the political state , the value offreedom of speech may be more just like as a kind of means to check andbalance with public power , preventing political nation from violating thecitizen rights . However , in the view of the whole society , we will find thatfreedom of speech is frequently related to tolerance . Different interest bodyoften cause conflict of interest . So freedom of speech could be an ou...