Judicial Review Standards In The Freedom Of Expression In America

Freedom of expression refers to being able to freely seek, receive and express information without censorship and regardless of the medium used. The right to freedom of expression is not absolute in any society. Restrictions to freedom of expression should be founded on legitimate and necessary legal bases. Freedom of expression includes the broad sense of freedom of speech and freedom of symbolic speech. The broad sense of speech includes verbal, written (including electronic data), news publishing, writing, printing, art, radio, television, film and other modern ways of expression, as well as to make political and policy views, academic achievements and works of art and so on. Symbolic speech is a term used in the context of free speech rights under the First Amendment, to refer to conduct that expresses an idea, as opposed to verbal speech. Examples of symbolic speech, among others, include sit-ins, flag waving, demonstrations, and wearing protest buttons. Freedom of expression in all its forms and manifestations is a fundamental and inalienable right of all individual. Additionally, it is an indispensable requirement for the very existence of a democratic society. The protection of freedom of expression is extremely important in any society.The First Amendment of American Constitution prevents the congress to deprive citizens'freedom of expression. If this kind of situation happens, the Supreme Court has the power to review of laws drafted by the congress. Judicial review aims to protect the right and freedom of citizens. Judicial review is regarded as one of the effective ways to protect human rights. The paper researches into the judicial review standards in cases related to the freedom of expression so that we can have a better understanding of American's freedom of expression.This paper divides into three parts.Chapter one illustrates judicial review standards of freedom of speech. There are many standards in America; I choose only four most influential ones to introduce. They are bad tendency doctrine, clear and present danger doctrine, preferred position doctrine and ad hoc balancing doctrine.Chapter two illustrates the judicial review standards of freedom of symbolic speech. Symbolic speech is composed of speech and act, thus the standards are set up according to their relation. They are incidental review and strict review standards.Chapter three briefly analyzes the effluence of the judicial review standards of freedom of expression. The effluences are mainly on protecting citizens'right of expression and on maintaining the safety of the society.