言论自由与人身权都是受保护的法律权利，虽在理论上和实务上形成共识定论，但在它们产生权利冲突时如何认识和保护问题上，法学界智者见智，仁者见仁。苏力在1996年第十八卷第三期（法学研究》上发表了“《秋菊打官司》案、邱氏鼠药案和言论自由”一文（以下简称“苏文”）中 Freedom of speech and personal rights are all protected legal rights. Though there is consensus on both theory and practice, the wise men of the jurisprudence think wisely and the benevolents see their benevolence at the issue of how they recognize and protect their rights. Su Li published the article entitled “Cases of Qiu Ju in Litigation, Qiu Shiku Drug Case and Freedom of Expression” (hereinafter referred to as “Su Wen”) in the third issue of the 18th volume in 1996 (Law Studies)