Discussing The Opinion Of Constitutive Freedom Of Speech

Concept of speech freedom protected by the USA Constitution is from theold English common law concept of freedom of speech with Blackstone’sreview:Avoiding speech freedom from "previous restraint." With the deepeningof the US judicial practice, the use of the First Amendment of the USConstitution,which increasingly range out of old-style Speech FreedomBlackstone has obviously insufficient to support the judgment of the judge in theinterpretation of the First Amendment. Dworkin in Freedom’s law proposed anew concept of freedom of speech——freedom of speech concept essentiallyconstituted. According to his understanding, the Speech Freedom has twocategories: one is from the instrumental perspective to understand theimportance of expression freedom, that looks useful for that speech freedom canopen bred in favor of the state and society thought; the other one is to recognizethe "speech freedom" itself is valuable in a kind of purpose. Dworkin believesinstrumentalist concept of speech freedom, which is precisely focused on theprotection of political speech —— but it is fragile and limited. Therefore, basedon the nature of the structure of the concept of speech freedom, expressionfreedom is the real basis.Dworkin believes that speech freedom is valuable in itself, speech freedomis not only a means to an end also. The value of free speech advocates fromDworkin’s liberal rights: who is the subject of morality, bears the pursuit ofpersonal responsibility for their own inner happiness. Individuals to pursue theirown happiness means is mutual between equal legal rights for everyone.Dworkin’s view of the nature of the structure of the speech freedom,freedom of expression, so understanding the corresponding expansion, which isto reduce government restrictions on freedom of expression provides a newtheoretical basis, it is also a moral reading of the US Constitution.Dworkin’s concept of speech freedom, it still insist on the priority ofpolitical and moral philosophy, and the right for the freedom of expression is thenecessary conditions for the people to resist the government as well as thedevelopment of personal freedom, the result is still the boundaries of freedomspeech seem too large. Too tolerant of free speech would be easily to hurt otherpeople’s freedom, resulting in a worthy cause to reflect on the question: Dworkinby the Constitution "moral reading" trying to find the essence of democracy, butit pay so much giving for the speech liberal that democracy is means really needthat or not? And what conditions constitute the essence of the Speech freedomcould need? For these questions how to explore it, we need to more deeply toissue the speech freedom.