美国言论自由之民意基础实证考察

A Practical Survey of the Present Condition of Freedom of Speech in the United States

实证考察表明,美国绝大多数公民在理论上崇尚言论自由,但在实践中却并非如此。美国之所以成为世界上言论自由保障程度最高的国家,这既与美国的自由主义政治、文化、法律传统相关联,又与美国司法界、学术界对言论自由价值的日益重视以及新闻媒体的身体力行密不可分。针对现实生活中存在的某些充满道德与法律争议的言论,多数美国公民的否定性态度与司法、学术和新闻传媒领域的主流群体所秉持的宽容与开放的立场,形成了评判美国言论自由事业的两个关键性支点和衡平力量。在美国宪政框架内,美国特色之言论自由事业的快车将驶向何方,值得中外学界不断关注与研究。

A series of practical surveys have revealed that most American citizens theoretically value freedom of speech; however, in practice it is not likely. The main reason why freedom of speech enjoys the highest level of protection in the United States can be found in two aspects： one is the perennial tradition of American liberalist politics, culture and law; the other is the growing concern of the judicature and the academic circle over the value of free speech as well as the unremitting and daring efforts made by the media. As to some expressions laden with legal and moral controversies, the negative attitude of the majority of citizens and the tolerance held by the dominant forces of the judicature, the academic circle and the media have con stituted two crucial poles of evaluation and balance of the cause of freedom of speech. In what direction is the express train of freedom of speech going within the American constitutional structure really deserves the close and constant attention and research of the academic circles home and abroad.