Freedom of speech protection in the United States

Abstract：The purpose of this paper is to understand the protection and restriction of the value of freedom of speech in the United States through the analysis of the First Amendment of the US Constitution.The value of freedom of speech should be the core value of a country’s constitution，but the protection of freedom of speech is not absolute.There should be necessary restrictions on hate speech，but the limits of restrictions should not be too broad and arbitrary，and should becarefully and strictly assessed.

Key words：First Amendment to the US Constitution；Freedom of Expression；Hate Speech

1 The Value Status of Freedom of Speech in the American Constitution

In the US Constitution，freedom of speech is the highest value.The First Amendment to the US Constitution has been regarded as the cornerstone of modern democracy.The United States has stipulated freedom of speech in the first amendment of the Constitution，which shows the centrality of freedom of speech in the US Constitution.

The First Amendment to the US Constitution stipulates that the content of freedom of speech is mainly in a restrictive manner.The object of restriction is Congress.This restrictive approach adopted by the First Amendment of the US Constitution provides a flexible space for interpretation of the content protection of freedom of speech，and in this space it is also very strict to limit the freedom of speech and the determination of boundaries.

The First Amendment of the US Constitution leaves ample room for interpretation of the protection of freedom of speech.It is precisely because of the above-mentioned debate on the limits of freedom of speech that it is more effective to show that the limits of freedom of speech are not for everyone.Similarly，influenced by each person’s subjective emotions，it is therefore necessary to argue the game process to make the boundaries of restrictions more strict.This also means that freedom of speech is the highest value of the US Constitution.

2 Invoking the Constitution to protect citizens’ freedom of speech

In the United States，courts can directly invoke the Constitution to protect citizens’ freedom of speech，and even declare that legislation restricting freedom of expression is invalid because it violates the Constitution.

Through a large number of jurisprudence of the Supreme Court，the United States constantly interprets the protection of the content of freedom of speech in the First Amendment of the Constitution，so that freedom of speech is constantly given new meaning in the law to conform to the changing social thoughts of the United States.By directly invoking the Constitution to protect citizens’ freedom of speech，the US court has become the guardian of freedom of speech and even the guardian of the US Constitution.In summary，in the context of the legalization of this constitutional department，freedom of speech has been revised and improved through long-term case judgments，thus obtaining the true protection of the Constitution.

References

[1]The First Amendment to the U.S [J].Constitution.

[2]Paul，R.A.V.v.City of St [J].Minnesota，No.90-7675，505U.S.377.

[3]Owen M.Fiss.Two Constitutions[J].11 Yale Journal of International Law 492，493，1986.

[4]Anthony Lewis.言論的邊界——第一修正案簡史.

[5]Chaplinsky v.New Hampshire，315 U.S：568，572.

[6]Paul，R.A.V.v.City of St[J].Minnesota，No.90-7675，SUPREME COURT OF THE UNITED STATES 505 U.S.377.

[7]Daniel M.Down，Gloria Cowan.Predicting the Importance of Freedom of Speech and the Perceived Harm of Hate Speech.

[8]J.S.Mill，Utilitarianism，On Liberty.Considerations on Representative Government[M].London： Everyman’s Library，1972.

作者簡介

張超（1993.01.15—），男，民族：漢；籍貫：山東省臨清市；青島大學碩士在讀，研究方向：憲法學與行政法學。