표현의 자유와 헌법

서문 ········································································3
1. 표현자유의 본질 ·····················································9
1) 자연상태와 자연적 자유인 ·····································10
2) 자연적 자유인의 자유 ··········································13
3) 자연적 자유인과 표현의 자유 ·································16
(1) 오감과 표현의 자유 | 16
(2) 목소리, 동작, 도구사용과 표현의 자유 | 25
4) 자연적 자유인의 표현자유 본질 ····························· 32

2. 표현자유의 구성요소 ············································· 37
1) 정보추구와 접근의 자유········································38
2) 표현할 자유 ·······················································41
3) 표현수단의 소유 및 이용의 자유 ···························· 44
4) 사회적으로 공표할 자유 ······································ 47
5) 표현물 소비의 자유 ············································ 49
6) 표현의 자유에 대한 한계 ·······································51

3. 표현의 자유와 헌법 ················································53
1) 표현자유에 대한 헌법재판소 해석 ·························· 56
2) 표현자유 구성요소들에 대한 해석 ·························· 59
(1) 정보추구와 접근의 자유 | 60
(2) 표현할 자유 | 63
(3) 표현수단의 소유 및 이용의 자유(매체접근권) | 68
(4) 사회적으로 공표할 자유(전파의 자유) | 73
(5) 표현물 소비의 자유 | 75

4. 표현의 자유에 대한 헌법의 보호와 제한 ····················· 80
1) 표현의 자유에 대한 보호 ·······································81
(1) 검열의 금지 | 82
(2) 허가의 금지 | 89
(3) 예술가의 권리 보호 | 95
(4) 표현자유의 본질적 내용 침해 금지 | 97
2) 표현자유에 대한 제한 ········································ 101
(1) 명예훼손에 대한 제한 | 104
(2) 권리침해에 대한 제한 | 113
(3) 공중도덕이나 사회윤리 침해에 대한 제한 | 121
(4) 국가안보를 위한 제한 | 127
(5) 질서유지를 위한 제한 | 137
(6) 공공복리를 위한 제한 | 141

<참고문헌> | 144