The Judicial Application Of Freedom Of Speech Provisions In The Amendment To The Constitution Of The United States

Freedom of speech is a basic right of constitution in a modern country under the rule of law.The thirty-fifth rule of our Constitution clearly stipulates that "citizens of People's Republic of C hina have freedom of speech,publication,assembly,association,parade and demonstration",bringing speech into the category of political freedom.Corresponding to the first amendment of U.S.Constitution: "Congress shall make no law respecting an establishment of religion;or abridging the freedom of speech and freedom of the press;or the right of the people peaceably to assemble and to petition the government for a redress of grievances.Whether in China's licensing regulations or in the US's prohibitions,the purpose is to protect the fundamental r ights of citizens from the supreme force.As a country of case law,the United States is more to determine the boundary of the speech and the scope of the standard of speech from the cumulative precedents.The purpose of the First Amendment's freedom of speech provision is to protect the freedom of the American people to express their ideas,so that the history of their political oppression and religious persecution in the UK is no longer repeated.But the few numbers are not as simple as it appears.In the hundreds of years since the birth of the first amendment,the Supreme Court in the process of hearing cases of freedom of speech has constantly endowed the new meaning of the first amendment,which integrates the judges' personal wisdom and the prevailing sense of the times.The American judiciary and the theorists recognize that the protection of speech provided by the first amendment is not absolute.As to how to protect the speech and how to restrict the speech,the Supreme Court judges have summed up very complex principles and rules in the trial practice.Based on the cases of freedom of speech in the Supreme Court of the United States in twentieth Century,this paper combs the principles that the Supreme Court applies and establishes in the trial practice.The Supreme Court's chief justice is not confined to the precedent,and has deeply integrated his ideas and wisdom into the case and ensured the realization of fairness and justice.This article highlights the role of Supreme Court justices in case trials,though they will also be influenced by the political environment,but the Supreme Court justices can finally balance the relationship between judicature and politics and maintain the tradition of freedom of speech in the US society...