摘要
1.引言言论自由(freedom of speech),或称"表达自由"(freedom ofexpression),意指所见所闻所思以某种方式或形式表现于外的自由。这是言论自由的核心内涵。若把这个核心展开,它还包括搜集、获取。
This article examines the values and limits of freedom of speech.Free speech has three main kinds of values:maintenance of a system of free speech is necessary(1)as a means of enriching knowledge and attaining the truth,(2)as a method of upholding and promoting democratic politics,(3)as guaranteeing and assuring indi- vidual interests.In addition,it has value in maintaining the balance between stability and change in the society and advancing the con- struction of culture.The author argues that the most important value is its guaranteeing and assuring individual interests.Then,the article discuss how to settle the conflicts between the values of freedom of speech and other values that the society is in pursuit of.The author argues that,freedom of speech is restricted by the law only when this freedom has brought about or is most likely to bring about true and material damage that can't be avoided or cleared up by more speech. The author suggests that,in the process of settling the conflicts,the values of freedom of speech should be well taken into consideration.
出处
《北大法律评论》
2000年第2期62-127,共66页
Peking University Law Review
