Truth·Democracy·Speech

Alexander Meiklejohn,1872-1964, was a famous American philosopher and legalscholar，who devoted his life to striving for free education and free speech. His research onthe First Amendment made him a good reputation in the filed of legal philosophy. Thesepaper choices his theory of free speech as research object, for it successful revealed therelationship between free speech and democracy autonomy. Based on the meticulous analysisof the text Free Speech and Its Relation to Self-Government，this paper reveals the formationprocess, the historical influence and inner shortage of "improve democratic theory". Finally,by comparing "improve democratic theory" and the previous "pursue truth theory" and theafter "self-expression theory ", proved its academic status, and the reason why it residents theU.S. judiciary dominance.The article is divided into the following five chapters:The first chapter elaborates the background. To showing the social and theoreticalbackground of Meiklejohn’s theory of free speech, this part introduces the background andevolution of the First Amendment, and the famous "Holmes Standard", which had been themainstream theory in the field of free speech.The second chapter explains the content. Basing on the text of Free Speech and ItsRelation to Self-Government, together with other documents, this part in full explainsMeiklejohn’s theory of free speech in detail, showing how Meiklejohn followed the approachof "Self-Government-democracy-public&private speech", to complete his "improvedemocratic theory" in the field of freedom of speech.The third chapter summarizes contribution and achievement. From the aspects of theoryand practice, this part shows the theoretical status and achievements of Meiklejohn’s theory offree speech. One is that the formation of path of "improve democratic theory" breaks theposition of "Holmes standard", promoting the prosperity of academic research. Another is thatfor its application in the "the New York Times v. Sullivan”,"improve democratic theory" hadbecome an important principle of American judicial practice, result in a positive impact onAmerica’s free speech.The fourth chapter reviews shortages. Through comparative analysis from four aspects,this part aims to reveal the shortage of Meiklejohn’s theory of free speech, which exists in classification、democracy、humanity and self-government.The fifth chapter compares similarities and differences of them. On the basis of aboveanalysis, by comparing the Meiklejohn’s "improve democratic theory"," pursuit truth theory"and " self-expression theory ", This part analysis the position of "improve democratic theory"between past and future in the value field of free speech， further explains why "improvedemocratic theory" is still occupy the dominant position in the field of free speech.Conclusion part summarizes the full text. This part summarizes the contents, influence,shortages and status of Meiklejohn’s theory of free speech.