Freedom Of Speech Theory And Practice Of Judicial Protection

Freedom of speech is a subjective right which civilians, instructions and other orgnizations collect, spread and receive their ideas, opinions and information by means of languages, characters, images or symbolic languages etc. However, some speech has negative or even harmful effects on society, so people especially the government often have prejudice to freedom of speech and limit various freedom of speech so that the civil right of freedom of speech can not be implemented completely. Now the author will combine this problem with the theoretical development of freedom of speech and judicial practice in the USA and then do some research on the theory of freedom of speech and judicial protection briefly.This paper is divided into five parts totally. The first part expounds the definition of freedom of speech. Nowadays, there are two doctrines about freedom of speech inthe field of theory-----namely, the general doctrine and the special doctrine. Theauthor thinks the general doctrine should be adopted. The freedom of speech not only is the freedom used to express oral opinions freely but should include the freedom used to express other important opinions. At the same time some reference suggestions about new definition of freedom of speech are offered. The second part expounds the theoretical principles of freedom of speech. There are three basic theories concerning. "Consummating democratic process theory" means freedom of speech is based on the principle of people's autonomy and freedom of speech can help citizens to make correct and reasonable judgment on the political issues. "Thought-market theory", i.e. pursuing the truth theory. It is freedom of speech that lets citizens exchange their own standpoints to reach the purpose of pursuing the truth. " Self-realization theory" says the freedom of speech is the inevitable request for a modern citizen to pursue the personal benefits and individualism. The three theories above originate the base, value and significance of freedom of speech. Types of freedom of speech and its protection are illustrated in Part Three. There are following speech types: political speech, commercial speech, fighting speech, symbolic speech, libel speech and salacious speech and so on. According to different types speech and...