The Boundary Of Freedom Of Speech

It is a topic full of realistic meaning on discussing where the boundary of freedom of speech is. At the present, with the rapid development of media technology, especially of Internet, the widely popularized we media such as blogs, weibo and wechat have made people fully exercise their right of freedom of speech on a platform which is more conveniently and manages in a more easily way. So that the desire of people’s expression of speech has been greatly released and satisfied. Following by the obvious right conflicts caused by speech, It is extremely important that how we define the boundary of freedom of speech in order to realize the balance between freedom of speech and other rights and interests.This article takes “the case of Qin Huohuo” for instance, combining the relevant theory and practice of freedom of speech, and analyzes the boundary of freedom of speech. This article is divided into three parts as preface, text, and conclusion. The text is divided into the following four parts. The first part is the case introduction, it briefly introduces the basic information about “the case of Qin Huohuo”, and leads to the major dispute points involved in the case: the first point is about if “Qin Huohuo” has the right to free speech, the second point is about if his speech should be protected. The second part is the analysis about if citizens have the right to free speech, including the meaning of speech freedom, the main content and value of speech freedom. On this basis, it is concluded that he enjoys the freedom of speech. The third part is the analysis about if Citizens’ freedom of speech has the boundary. In the first place, it settles three opinions whether speech freedom should be restricted or not, and then analyzes the boundary of speech freedom, mainly including the speech freedom boundary of public affairs and speech freedom of public figures. When analyzing the speech freedom boundary of public affairs, this part introduces the principle of “clear and present danger” and the balanced theory of prior status. It introduces thecategory of public figures and the principle of “actual malice” when analyzing the speech freedom of them. The last step is the empirical analysis of if the speech of “Qin Huohuo” should be protected, based on the theoretical foundation in the former part. The fourth part is the Further thinking about the case, The author had thought about how to protect Citizens’ freedom of speech well, then the author provides his own advice.