Public Forum and Freedom of Speech─Focusing on American Jurisprudence

• Main Authors: CHEN, YI-HUI, 陳怡卉
• Other Authors: LEE, CHIEN-LIANG
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/g6cz88

碩士 === 東吳大學 === 法律學系 === 105 === Freedom of speech needs breathing space to survive. In order to make the rights of speech to be exercised effectively, speakers should have adequate and suitable places to communicate. Although virtual spaces and places are indeed a critical part of the modern expressive culture, material public places still play a essential role in public expression. In addition, speech in material public places could not only achieve the purposes for free expression guarantee, but also promote democratic functions. However, when people speak in public places, they are easily restricted by content-neutral regulations, and it might cause incidental restrictions of speech, diminish and repress expressions in public places. This thesis is based on public forum doctrine in American jurisprudence. Through tracing back the cases of the U.S. Supreme Court about speech in public places, it could help us to understand the process of formation, development and categorization of public forum. Furthermore, exploring the barriers of public forum doctrine, and rethinking the purposes and functions of this doctrine. At the last part, this thesis compares the cases and discussions of public forum in the U.S., with J.Y. Interpretations, cases, and regulations related to incidental restrictions in Taiwan. Based on detailed analysis of public forum from United States, this thesis provides insights as well as suggestions and provokes questions relating to restrictions of freedom of speech in public places.