The Judicial Restraint Of Freedom Of Expression

The freedom of expression and its judicial Tests in U.S was a progressive process. which was put forward and developed and become gradually reasonable in the20th century. Freedom of expression was not only a test of construetmg country or a political principle, but a basic right of the citizens. Preserving freedom of expression was a guidance of founding country and the foot stone of demociatic politics.Dating back to North American colonial times, the colonial government of England severely restricted the freedom of expression in North America. especially the private newspapers because the opposed England government, so the problem of free expression merged. Americans liad not really the right of expression in the18th and19th century. Lawsuits concerning free expression had not been appealed to the Supreme Court, and the judicial test either had not been put forward vet. The theories of freedom of expression of John Milton and Tomas Jefferson were foundational for the judicial test of free expression which possessed the judicial liberalism was depended on their theories. Apart form that. they were as well the significant driving force for the developmg of free expression and its judicial test in the United States.During the19th century and the early20th century. under the influence of the progressive movement, though the judicial liberalism appeared. judicial conservatism was dominated position in the Supreme Court because of widely using of the bad-tendencv doctrine. The bad-tendencv doctrine was an official test before the Supreme Court put forward the native judicial test. so the freedom of expression was seriously limited. In the Schench lawsuit, Jr. Holmes put forward the clear-and-present danger test. which possessed the judicial liberalism. By comparison with the bad-tendency test. the clear-and-present danger test was in favor of preserving the freedom of speech. In1930s and1940s, Stone Court (1941-1946) put the preferred-position test. which was fitter for the reality. Though it was not used in the judicial practice. it inherited and developed the judicial liberalism. Vinson Court(1946-1953) put AD Hoc Balancing Test into practice and the freedom of expression was reduced due to the change of the political setup of the world. the spreading of the cold war was between America and the Soviet Union, and the prevailing of the "Red Menace".In the late half of the20th century, especially Warren Court.judicial liberalism took up lending status The actual malice test was put forward. Burger Court (1969-1986) also used the prohibiting prior limit test and the time-place-manner regulations. Among the three tests, the actual malice test widened the freedom of political speech of the citizen and the presses, whose voice of citizenizing the government. The prohibiting prior limit test restricted the government privilege. which was the government had no power to limit the right of speech before they were expressed. The teme-place-manner regulations reasonably confined the speech in the tune, place and manner in order to preserve the benefits of the whole society The above mentioned tests which were used in the judicial reality showed that the Supreme Court could comparatively prorect the basic right of free expression.Freedom of expression and its judicial test embodied the historical progress in the deveining process, and it inspired our country construction in the law system. Along with the progress of history,the Supreme Court put forward different judicial test about free expression These tests which were put forward aud set up early or late took on the tendency from rigorously controlling the freedom of expression and strengthened the press’ supervision over the government and gave an impetus to the sociery as a whole.