表現의 自由의 制限

On the Regulation of Freedomof Expression

Man has intelectual ability different fromother animals. Man s intelectuality enables him inner activity and outward expressive activity, which may be defined as Acts of Expression. And man s desire to do what he intends to express is called Freedomof Expression. But the freedomof expression for the individual may be allowed within the limits of rules which have been agreed and kept for the co-existence of the members of the community of the government. Freedomof Expression inevitably has conflicts with the freedomand the rights of other people and the interests of public and the government. Therefore it is necessary to secure some standards necessary to reconcile the conflicting interests and rights. When we seek a rational base for the freedomof expression in terms of theory of constitutional law, there arise a few questions such as the followings； First, what is the freedomof expression? and what is its function? and why should that freedombe more strongly protected than the other kinds of freedom? Secondly, when it is inevitable to regulate the freedom of expression though it is natural to protect it, by what standard, to what degree, should the freedombe protected and regulated? In order to find out the way to reconcile the conflicting interests, this thesis has raised the following questions. First should examine the case laws of First Amendment in the constitutional law of America, the differents theories on the various case laws, their basic ideas, their historical background and characteristics. Secondly, we should try to find how these case laws and theories of America should help to solve the real dilemma of constitutional law of Korea. And finally this thesis aims to examine the possible way to accomodate its theories to the constitutional law of Korea. In brief, this thesis is developed in the following order.