一、引言言论自由是人们自由地表达自己的思想、观点的权利,这种权利的实现程度往往是衡量一个国家民主程度的重要标准。在自由资本主义时期,言论自由几乎受到绝对保护,霍姆斯法官就说过,“当人们认识到,时间颠覆了众多值得为之斗争的信念,他们就可能会相信,甚至比他们相信自己的行为的正当性还要确信,我们所追求的至善,唯有通过思想的自由交流才能更好地实现——检验真理的最好办法就是 I. Introduction Freedom of speech is the right of people to freely express their ideas and opinions. The realization of such rights is often an important criterion for measuring the degree of democracy in a country. In liberal capitalism, freedom of expression was almost completely protected, Judge Holmes said: ”When people realize that time subverts many beliefs that war against, they may believe, or even believe in themselves But also to make sure that the best we seek is best realized only through the free exchange of ideas - the best way to test the truth is