On The Equal Right To The Freedom Of Speech

All men are born with speech, but, from speech to freedom of speech is an endless process of history evolution. This process accompanies with a basic value orientation, and this is the equal freedom. Equality comes from the equity and justice of natural legal theory and it is the value concept that the heart feels most easily. The intension of equality experienced two stages formal equality and essential equality, correspondently, the value orientation of freedom of speech moves formal toward essential. Equality citizens should have own equal rights conforming to the social justice and mankind dignity, and the rights should be affirmed by the Constitution, it is the performance of mankind's spiritual civilization and formal equality and also the foundation of essential equality. However, people can't acquire the biggest welfare from the free and equal by the formality of law. Although the law guarantee the freedom of personal speech, the invasion of right to right will cause the phenomenon that society has polarized into two classes, and end with the possibility that the inequality of right, and make the freedom of speech become just the freedom of formality. Thus, the principle and system of the democracy country rule of law will face the biggest crisis. So the country should establish that the purpose and belonging of freedom rights of speech and it is substantial equality, and lead the concept of rule of law from the formality to the substantial, and make sure that, on the one hand, it has to maintain personal free right strongly in principle and it's depended on their own ability by the citizen. On the other hand, country should also guarantee personal substantial equality under the situation that free system and democracy system is well, that is helping actively when person have no dint to attain happiness. This kind of substantial equal right required that the same situation have the same treatment; and the different situation has the different. This equal right is absolute that it can't be infringed upon by nation, can't be subjected to the invasion of private right that having the comparative advantage, either. The legislator is liable to identify the difference between them. Meanwhile, restriction the legislative power of legislator by the equal right, means that the legislator has to weigh the whole value system of constitution law completely, considering the essence of social realistic business. So, the country will maintain each citizen to obtain the freedom of speech conforming to mankind's dignity and social justice.