Freedom Of Expression And Rights

American constitution has the exampled values. Among the freedoms declared in the American Constitution, the expression freedom of the First Amendment is in the center position. It is the footstone of the society of the freedom. This thesis focus on the First Amendment, revealing the meaning and the value of the expression freedom, retrospecting its history, exploring its protection and limitation applied by the Supreme Court and analyzing the constitutionalism meaning of the First Amendment This thesis believe that the American Constitution came into being based on the need of founding a strong federal center. The conflict between deferent political powers made the negotiation the theme of the Constitutional Convention. As the result of the bargain, the Rights Bill came into the world. The First Amendment ,the core of the Rights Bill, regard the expression freedom as the basic right of a citizen and fundamental right of a freedom society. Expression freedom is a independent condition in which citizen can express his ideas and opinions in every manner publicly permitted by the law. It is the biggest human right of a citizen. Expression freedom has the values of self-realization, searching for truth, promoting democracy and social stability. Expression freedom has lived through a long process in America. The policy of express freedom has been adjusted with the vital reforming of society, its character changing from the strictness to looseness. The Supreme Court is the guard of the American Constitution and human rights. By interpreting the First Amendment elastically, the Supreme Court balance the antagonism of the national interest and the expression freedom, developing principles of speech limitation such as prior restrains, clear and present danger and benefit balance, showing the tendency of the First Amendment judgement : political speech is protected chiefly, government officials and public figures are not protected and the press is strongly protected by the First Amendment. The First Amendment is not only the miniature of mentality but also the expression of the American constitutionism. Of the First Amendment, compromise is the mentality gene, power limitation is the system skill and human rightprotection is the setting goal. The First Amendment is one of the converges of compromise constitution, limitation constitution and human rights constitution.