The constitutional protection of free speech

Why the constitution to protect our freedom of speech? The value from the legal point of view, on the one hand, the goal is to build a democratic and open society; on the other hand, in order to reflect the humanistic spirit. Constitutionalism is to develop a set of matching complete, legal system, it is the matching process and operation between the social structure, individual core value elements and the structure and elements of the process, trend to construct individual rights as the core of the whole political order, the guarantee of freedom of speech is the prerequisite for the establishment of democratic politics system.
The 1 is that citizens enjoy freedom of speech by oral, written, and film copyright constitutional
, drama, music, radio and television broadcasting means to express their opinions and freedom.
It has broad and narrow sense:
1) free speech is narrow citizen comment or discuss in public rights
;
2) generalized freedom of speech includes comments and discuss issues rights in public places
, also includes the freedom of the press, academic freedom and the freedom of the press and the right to.
2 freedom of speech as an important modern constitutional civil rights is the bourgeois dry leather
The product of fate. In 1776 American Virginia constitution provides for the protection of the earliest people say
On liberty, in 1789 France's "Declaration of human rights" announced "the free communication of ideas and opinions
Is one of the most precious of the rights of man, therefore, every citizen has the freedom of speech, writing and a
Version of the free". Constitution of the socialist countries but also the freedom of speech, China
Country's constitution since the calendar will be free speech rights as a citizen to write a constitution
In the.
3 freedom of speech as the legal rights of citizens, which refers to the state of any legislation and
The administrative activities shall not be deprived of freedom of speech. However, no freedom is absolute
, are subject to certain restrictions. Restrictions on free speech mainly have the following several kinds:
1) to protect the individual against the defamation or other division of rights;
2) the maintenance of the social moral standards;
3) when in need of social order maintenance violence or violence occurred when the domestic;
4) when the invasion was to defend the national security;
Our constitution of fifty-first stipulates: "citizens of the people's Republic of China in the exercise of rights and
The free time, must not harm national, social, collective interests and other citizens
The lawful freedoms and rights." Specific performance in the exercise of rights and freedoms:
1) shall not use the comments by counter revolutionary propaganda, counter revolutionary sedition;
2) shall not be false, or other civil activities with the speech;
3) no dignity with comments, slander, defame other citizens.
The 4 limit, the limit of the freedom of speech, many countries have established specialized
The law be adjusted, such as news, publishing law, libel law, broadcasting method etc.. Constitutional law
The legal limit way different divided into preventive and repressive system two:
1) prevention system is a prior restraint, namely all speeches, publishing and other exercise the right of free speech
Behavior in the expression used to subject to certain organs of state intervention and review, the former only
After the examination in order to achieve its intention expression of speech.
2) penal system is afterwards limits, namely speech and publishing all not subject to prior review, all things
The first is assumed to be the exercise, only in the expression after the illegal to legal process
In order to sanction system. Britain, American etc. most of the world's countries have implemented this
System.