The Postwar Janpan The Freedom Of Speech

In Japan basic human rights protection principle, in the constitution is in the key position. As basic human rights, Freedom of speech is in superior position. The freedom of speech not only relates to citizens self-value and personality, it is regarded as the cornerstone of the national democratic politics. Freedom of speech originated in the U.S. In China the research about America's freedom of speech is quite a lot. But, the study of the system of the right to freedom of speech is still lack. How to deal with the relationship between freedom of speech and the government's public power or other civil rights, become the important problem in the right to freedom of speech.Under the occupation of the United States, Japan has formulated the new constitution. The United States constitution affects Japanese constitution deeply. Japanese constitution sets:Assembly, association and the speech, the press and other freedom of expression, is protected by constitution. Japanese constitution clearly abolishes the "legal reserve" principle in Meiji constitution and admits citizens enjoy freedom of speech. In Japan, however, "the public welfare" theory was in vogue, became the important restriction theory in the right to freedom of expression. Meanwhile, Japan's Supreme Court cases respect the freedom of speech, at the same time, the public welfare restriction theory still play in existence. In the paper, based on the main part of the case study as the center, from the contents of the right to freedom of speech and content neutrality regulating the regulatory perspective, study Japanese court how to deal with the freedom of speech and other civil rights or public power, and evaluate on it. This paper mainly divided into three parts:First, it is the development of freedom of speech in post-war Japanese constitutional theory. Freedom of speech in Japan in the constitution has "superiority" position. It is generally Acknowledged, the freedom of speech not only relates to citizens self-value and personality, it is regarded as the cornerstone of the national democratic politics. But, in the early stage of postwar period, the influence on the theory of public welfare, Japan's freedom of speech, whether theory or ruling practice, are not big breakthrough. After the freedom of speech having afresh status, the theory of gradually spread.Second, with content regulative cases as the center, study the guaranteeing freedom problems. points to express the content itself, applicable strictly unconstitutional censorship standards. Reputation infringement, the right of privacy and pornographic sexual expression, are all considered to be low value expression activities.Third, with content neutrality case as the center, study the guaranteeing freedom problems. This section contains two parts:freedom of assembly and the limit of sending out leaflets. This regulation do not directly to express activity content itself, is only to the time, location and the way resources of the express. The content of the important problem is how to prevent the public power to restrict the freedom of speech.