On Balance The Protection Of The Right To Freedom Of Speech And Reputation

Currently, the focus of the research scholars of the Constitution of freedom of speechon the "public figure" standard built on top of several theories of fundamental rights andconflict resolution, very few people from the perspective of case analysis, puts forwardspecific criteria to address the judicial practice problem. Article12proposed defamationlawsuit from the Supreme Court case start communique pointed out defamation lawsuitcontains the tensions between civic dignity and fundamental rights of freedom ofexpression between the two. By external factors method for winning rate of26authoritiesannounced defamation case analysis to identify the right to freedom of expression andprotection of reputation imbalance, which depends on the size of the plaintiff forces. In thethird part of the article analyzes the profound causes of conflict between the two, mainlyreflected in the existence of mutual restraint between the rights, freedom of expression anddefamation itself represent different values and different demands of the main interests ofthe rights of these three aspects. And protection from defamation, freedom of expressionand the protection of constitutional democracy to achieve these three aspects pointed outthe need to balance protection. Finally, specific recommendations balance the protection ofthe referee standards, applicable laws and judgments three ways. Article that the properway to deal with defamation lawsuits are not determined a priori right to freedom ofspeech, or of course, has a reputation priority, but under the general principles ofconstitutional democracy, according to the specific circumstances of each case todetermine what is most worthy protection value and balance of different interests on thisbasis, in order to achieve the right balance to protect the two...