Restrictions on freedom of speech

American constitutional restrictions on free speech
--18 kind of freedom of speech America constitution does not protect

1, Americans have no flag desecration or burned draft cards of the freedom of symbolic speech.

During the Vietnam War, anti war activists around the American to burn USA flag or draft card as the USA government protests, they in the trial to burn every draft card is symbolic speech, and contended the shall be governed by the first amendment of the constitution "freedom of speech" protection, but in the end is American supreme the court rejected.

2, endanger public safety America jokes cannot open.

America Federal Supreme Court explained: "the biggest free speech does not guarantee any person in the theatre with use call fire caused panic run free." As to the fun of speech is not protected, at the Los Angeles International Airport, electric inspection entrance hung with "do not make fun of" brand, if someone here to say "Hi Jack!" (Hello Jack?) Boat alarm once heard, will bring to justice, because this sentence is English hijacking (Hijack) homophonic word. This shows that the public security to personal freedom.

3, without causing harm American public order led to riots in freedom of speech.

One day the station said performances in the street hair a 1951 students American, insulting President Truman and some of the officers, cause the audience roared across the commotion riots, anger, be triggered at any moment, the students were arrested, sentenced to undermine the public peace and order.

4, don't disturb America school teaching a quiet environment of the freedom of speech.

The provisions of Rockford, no person shall be in a public place adjacent to the school deliberately loud, disturb the class quiet and order.

5, no rumors of health non freedom of speech.

USA Federal Supreme Court think, a reporter not to stand for freedom of speech and press freedom as the reason, as damaging attacks the reputation of others; the court for libel journalism defendant, never granted absolute privilege in his news editor of the precedent; spreading false information itself is not eligible for the first amendment amendment (freedom of speech and freedom of the press coverage).

6, do not interfere with others' right to freedom of speech.

A city of New Jersey command forbid anyone to use a microphone or other noisy instruments for disturbing the public peace and order in the high streets and back lanes of commercial publicity, a defendant and therefore banned trial, after several appeals to the Supreme Court, American Federal Supreme Court think, the command did not violate the Constitution on freedom of speech and assembly.

7, not to the freedom of speech and freedom of assembly as an excuse, obstruction of city traffic or violate the traffic rules.

Freedom of speech and assembly, the right 8 prisoners by prison safety limit.

On the USA prisoners should enjoy the organization inmates trade union rights and the right to freedom of speech, the Supreme Court considered more prisoners personal freedom of speech rights of public power phase with prison management and public safety, public power is greater than the private rights of prisoners, limits the freedom of speech is clearly the necessity of public power maintenance of prison security and priority, based on it, the prisoner labor unions and warden opposition must.

9, on the restriction of freedom of speech American soldiers.

In 1974, Captain Livy publicly opposed the Vietnam War, and encouraged the black objector war, was USA military court sentenced according to the unified military law, the defendant appeal. The Federal Supreme Court held that the soldiers and civilians, soldiers are also have the right to free speech, but freedom of speech and civilians, limitations and constraints in the exercise of it by self is different.

10, the military base is not America political candidates to exercise free speech place.

In 1976 USA presidential election, the famous pediatrician Spak during the campaign, with the attendant campaigning in a military base, distribute campaign leaflets, political speeches, the authorities have banned. The defendant appealed to the Supreme Court, the Supreme Court ruled that: "the military base is to train soldiers, not to provide political and public places, the official military activities should not be involved in any political campaign". Freedom of speech and the campaign may not exercise at the military base, has become the American ordinance.

11, do not insult others and thus provoke conflict free speech.

The so-called cause conflict of speech refers to a strong offensive and provocative curse to any person, and cause harm to others, or immediately drew back to fight hard words including dirty, obscene, lewd, defamatory remarks. This statement is no "proper meaning of communication", "said the lack of any social values and views of truth", so is not within the constitutional right to free speech protection.

12, did not say dirty words freedom.

For example, radio or announcer may use nasty words to broadcast. Where the use of such language radio stations, such as the burden of proof on the audience, disciplinary federal government apply in the radio to extend the business license for warning or stopped. One October day in 1973 American New York in a radio broadcast a twelve minute "talk dirty words", after the announcer was that the audience accused.

13, the speech is not protected howlings.

1970 "Alan case" the defendant at the trial howlings, disrupting the trial, convicted of May, by the Federal Supreme Court ruling, "the suit when things" people such as the judge advised to take three measures: (1) the closed mouth cloth and tied to a chair still trial; (2) the with the court, and the restoration of calm and commitment to comply with a court order to return to court. (3) to cut its insult court, sentenced to prison.

14, all members of American speech exemption does not guarantee of speech.

Members of speech and behavior is divided into "legislative speech acts" and "non legislative speech and activities". The speech exemption security, the latter is not protected. For example, wrote to the chief of defense forces for the purpose of legislation to obtain relevant information for legislative action, but the income data as the campaign with political behavior, not protected by. There are some remarks and behavior are not protected, such as the press conference or published an interview, conversation, speaking in non parliamentary places, the Congressional Record copy to the voters or emit, call of official Interference Policy etc..

15, no breach of contract. USA state secrets to the freedom of speech.

As of 1968 the central intelligence agency staff Shi Nai Bu against post oath and wrote a book the leak, be accused.

16, pornography is not in the America right of free speech protection column.

17, fraud, false advertising is not subject to the freedom of speech American guarantee.

18, libelous remarks without American legal protection.

Where the situation said untrue, or ignoring the said is true of malicious attacks, should bear the civil and criminal liability.

To sum up: USA freedom of speech in peacetime is not restricted, especially in wartime restrictions; freedom of speech is a right but also a responsibility, shall not harm public security or infringe upon the rights of others; the exercise and protection to a constitutional government in the premise of the existence of free speech in accordance with the law, exercise, not defy laws human and divine; although the government speaks pure speech shall not be violated, but the action of illegal speech still take interventionism.

USA legal system "freedom of speech" characteristics

The rule of law is the essence USA political, and the rule of law government and the Federal Supreme Court Interpretation of the Constitution and the law, legal practice, Months and years pass by. accumulation so America, freedom of speech is not absolute right and there is no absolute definition. America constitutional right to free speech has the following characteristics:

1, the right to freedom of expression and the application has its time. Usually, American Supreme Court for the freedom of interpretation to "priority doctrine". For example, in normal times when the freedom of speech and property rights conflict, the freedom of speech as a priority. And in wartime is to adopt a "case by case bomb release", such as restrictions on civil rights, war declare martial law.

At the end of 2, the right interpretation of the right to freedom of speech in the Federal Supreme Court, individuals may own release law enforcement, or selective method from.

3, the Supreme Court Interpretation of the right to freedom of expression, in order to safeguard the principle, to limit the exception.

4, the Supreme Court in the interpretation of free speech rights according to the USA conditions, political system, political experience, rather than follow the tradition of british.

5, the Supreme Court decided by majority principle in the interpretation of the constitution. Once the majority ruling, the majority is the validity of constitution. The minority opposition again big also must obey the majority decision. The Supreme Court justices are appointed by the president, their political ideology, partisan attitudes can influence decisions. So both parties strive to majority control decision.

6, an important principle is not the pursuit of a theorem or formula to cover all about free speech case, but by the case to balance between individual interests and public interests dispute.

People talk about the party

I am Taiwanese, 30 years old this year, graduated from the Faculty of law, belongs to the pan blue people (the KMT, opposition Democratic Progressive Party). After the 314 incident, my grief and indignation inexplicably, want what to do, and feel the force is too small, but can not do what, so I often come to anti-CNN to fight each other.

Long ago, I just want to talk about some views of mainland compatriots, because then I think without a good example as the medium, so if you directly with the mainland compatriots, often become the vague impression and slogans, few people will be convincing, but this year there were 314 events, as well as the western media event, I think some of thought I can through the "media" say, here to talk about my idea, I would take the "media" as the core began to speak.

A: in China. Media not prosperous situation, should adhere to the principle of state control of the press

I think after this event, we should be able to experience the media terrible, called the media can be people's brainwashing tool, but this is only appearance, you have not thought about, but a national media control in his country's hands, how serious the consequences?

The result is that, when the media is strong, other national forces will take this powerful media, to lead the public opinion, and then by means of public opinion, to press the government policy. At the beginning of this media may influence the country's economy, culture, education, policy and so on, the next will affect the country's national defense policy and national policy and so on, then it will affect the country's sovereignty and territorial integrity, if really have this day, that China is dead set.

Many people say "China media needs to be open, need to have more voices to prevent government abuse", "why other countries can have multiple views, Chinese not" and so on, but I have to say, China can not open, but to slowly open, to the prosperity of the country to open. Why? Because the state if not strong, China media very easily by foreign funds to buy. In other words, if a country rich and strong, the country can allow multiple voice, and can also control the domestic mainstream media.

For example, if a poor country governments, open and free people hosting TV or print media, the beginning of these media may be proud, not subject to interference by foreign forces, but if the principal, who do media do quick collapse of the old board, these media may to the livelihoods of employees, receiving foreign funds. What is the result? Is the media is controlled by a foreign force, while the people slowly been brainwashed and not even know it. If the controlled by a foreign force all day broadcast media, interesting programs, such as the Japanese cartoon, America Hollywood movies, Japanese comic variety show, USA series and so on, one can imagine is, the media ratings will be very good, and the country's public opinion and public opinion will be the media views led, this is how dangerous it.

America, Britain, France, Japan and other countries are rich, their media if you are short of money, their capital soon fill up, so there is no Chinese forces to intervene their media but basically. Even if Chinese can participate in their media, has not formed the mainstream media, because the mainstream media control in the hands of their government, so they are not afraid of, can there China media open day requirements, and say some what "China undemocratic" sarcastic remarks. While their country prosperous, a large part is formed by aggression and colonial capital, rather than in their mouths "system of democracy and freedom". How, if they did not rely on aggression or colonial accumulated wealth, democracy and freedom system development where the money to cultivate talents, where's the money to maintain the stability of the country and the society, where's the money? Chinese development does not walk own road?

Two. The system of freedom and Democracy: China not prosperous West before, must take the one party government lead line

Western democracy and freedom are two very important core, that isParty competition and the election. But the party was formed in needMoneyThe propaganda, political policyMoneyThe party's candidate, the election also needMoneyBut, there is a part of money, then the money is who will fill this vacancy? If it is like the media, but also foreign capital or CIA funded those party or candidate, then these parties and candidates are only those agents of foreign powers. The party will be foreigners to maintain national interests, without maintenance Chinese national interests. This is why Chinese in the realization of political reform, must be very cautious, not in a variety of national capital (human capital, wealth is still relatively weak hour capital), the reason to the implementation of the western democratic system.

This is especially clear is that, even after Chinese prosperity, freedom and democracy is to implement the system of western countries, need to be discussed and planned, possibly even not necessarily according to the western road. More Chinese strength condition is still relatively weak now, that a system of the west, in the Chinese is not applicable. In other words, in the China strength relatively weak now, people on the mainland must adhere to one party government lead (even if the process, the party will make a mistake, you still have to fully support the party), the state will not be interference by foreign forces. And China prosperity, in the national capital to ready to fill each link of national gap (including party funding needs, candidate funding needs, lack of funding needs, a variety of media core enterprise funding needs, even the stock market and the financial system of the capital to need to wait), then China can discuss the fully open or discuss the so-called western democracy.

Simply put, a lot of problems in national capital (manpower and wealth) and strong. If a country is not strong, so the country's media, party, policy, culture, education, business, finance and so on all aspects, are very easy to be foreign invasion. This explains why we should adhere to the principle of party, government lead, because only one party government lead, will inevitably invading foreign power, limit in the range of Chinese can control.

Of course, one party government lead a lot of drawbacks, but in Chinese, no one party government lead, greater problems. And when the problem, never return, always sorry fathers (believe the 314 event, many called the party people learn many lessons)

Therefore, I can only ask you to a party, not good as, open one eye, one eye closed, ask you to support the Communist Party. If you have any comments on the party, try to through the legal way, to be circumspect. If the public issues, you don't know what to do, then follow the leadership of the party. For example, held a protest at the western media, whether in the activities, whether a boycott of French goods or the British Olympic, whether to Britain and France embarrassed at the Beijing Olympic Games, the best in the mainland government policy steps to go. Before doing any thing, must think calmly, because the stability is everything, inciting sinners.

Three. Current situation in Taiwan: Taiwan political parties and the media from Japan and American forces such as funding

I believe compatriots on the mainland after 314 events in Tibet after the baptism, will be deeply felt by a party and Mao Zedong's great (although the party and Mao Youguo), and learn to see things do not look at the surface, but also try to see things inside. I also believe that a lot of people before 314, the party is more than criticism, even think that a party the doings, just under the bright slogan, in fact is to people's brainwashing, just to power profit only, but in 314 after the event, they have completely different evaluation of the party. Some people even on the perception of 6*4* events, as this occurs, caused the value confusion.
I want to say only one point, that is "adhere to the leadership of the party is the China future way to go".

I am Taiwanese, in Taiwan's education system, should have to hate the Communist Party and Communist, and in fact I students at the stage is indeed. But until Taiwan's Democratic Progressive Party came to power, and the Japanese after the contact, finally see the ten years of development, and so on, my mind was completely changed.