IS FREEDOM OF SPEECH POSITIVE OR NEGATIVE？

What is the nature of freedom of speech？ The First Amendment to the U.S. Constitution is often taken as an important example of free speech protection. However, the premise underlying the First Amendment is that freedom of speech is positive rather than negative. Yet such a conclusion is far from being proved. The original academic model of freedom of speech is usually understood as the model of ＂minimal government. ＂According to this paradigm, harmful speech should not be constrained but rather contested in the ＂free marketplace. ＂Allowing ＂more and better speech＂ to challenge the harmful speech seems to be the best reconciliation. But ＂more and better speech＂ could fail in some occasions as well as the marketplace theory. Does the enforcement of legal protection in such area or the interference of the government always end up in over expanding and abuse of power？ As a matter of fact, China is now facing the same challenge as the Western society. How should we reconcile the legal protection of sinking voices, the limitation of against harmful speech and the governmental power of censorship？ Through discussing the several cases in China, we try to examine the consequence of both the old and new media techniques and internet that challenge not only the authority of the traditional power but also endanger the rights of individuals.