Legal Restrictions On Freedom Of Publication

Freedom of publication is the basis for other freedoms. Over the past 300-plus years since John Milton’s opposition against the publication license system in Britain and his proposal of the concept of freedom of publication in his Areopagitica in 1644. freedom of publication has been a controversial topic. Freedom of publication is not different from freedom of press in nature, but technically, the latter,which is similar to freedom of academic publication, can be understood as a special form of freedom of publication. Freedom of publication is different from freedom of speech in nature, though they are connected in many ways. Freedom of publication must involve the medium of public publication, whereas freedom of speech is expressed mainly as a form of oral transmitting. Because of the roles of freedoms of the publication and of speech in seeking truth, promoting democracy, justice, self-realization, and social stability, many constitutions such as The First Amendment to the American Constitution contains provisions protecting freedom of publication. However, due to the relativity of the philosophical basis and related legal previsions underpinning freedom of publication and to the tension between freedom of publication and the rights to privacy and fame, national security, the protection of minors, etc, freedom of publication must be reasonably restricted legally, since it is no absolute freedom.