美国宪法第一修正案中新闻出版条款的起源

从美国制宪大讨论中联邦党人和反联邦党人关于《权利法案》和其中的新闻出版条款的争议,可以看出人们对新闻出版自由的认识与对人类的其他自由价值的认识一样,都是在具体的场景下针对具体问题得出的认识。从一个个美国新闻出版自由与其他价值冲突的具体场景出发,我们才会更真切地把握第一修正案中新闻出版条款的"原意"。

On the Origin of the News Press Publication Act in the First Amendment to the American Constitution

The main purpose of this article was to represent the historical starting point of the press clause in the First Amendment. The author represented not only the debates between Federalists and Anti-federalists during the making of Constitution, but also the process in which Madison proposed the Bill of Rights. Then he put forward some opinions on the three main topics on the origins of the press clause. He argued that to grasp the soul of the press clause, the focus was not on the "original meaning" of the press clause, but on the problems in front of whom tried to interpret the "original meaning" of it.