言论自由作为基本人权而备受珍视，当今世界大多数国家都以根本大法加以保障。本文首先对言论自由权利属性的介绍，在于深层次认识其价值。
新闻媒体是言论自由实现的最主要途径，新闻立法与言论自由有着法理和实践两层面的关系，对二者的互动研究奠定探讨美国言论自由与新闻立法二者关系的原则。通过对美国新闻立法思想渊源与立法概况的介绍，得出美国对言论自由的保障主要来自以宪法第一修正案为核心、一系列司法原则构成的新闻法律体系。特别是近一个世纪美国言论自由历经：《宪法第十四修正案》推动第一修正案适用各州、战争等动荡时期、废止事前限制、面对“沉寂化”效应等状况，在对这些状况评析后，得出文章观点：新闻立法促进言论自由，必须具备宪法司法化以及需要民族的智慧和远见。
关键词：言论自由，新闻立法，宪法第一修正案
On American News Legislation and Liberty of Speech
Law06-1 Chen Junyu
Supervisor Huan Shengkui
Abstract
As the basic human rights, liberty of speech is highly treasured and protected by most countries through its constitution. The author firstly introduces the attributes of liberty of speech so as to deeply understand its value. News media is the key channel to realize liberty of speech. The relationship between news legislation and liberty of speech is like theory and practice, and the study of the above two helps build up the principles for exploring their relation. Through the introduction to the ideological origin and legislative overview of American news legislation, the author finds out that the protection of liberty of speech in America mainly comes from its news legislative system which takes the First Amendment as its core, judicial principle as its structure. Especially in the recent century, American liberty of speech goes through many steps: The Fourteenth Amendment facilitates the adaptation of the First Amendment to all states and wars, abolition of restrictions, “Silencing” effect and so on. Based on the analysis of those situations, the author finally draws to the conclusion: news legislation could promote liberty of speech, which should be accompanied by jurisdiction of Constitution as well as intelligence and foresight of people.
Key words: Liberty of Speech, News Legislation, First Amendment
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