Free Speech in China
Free Speech in China Ellen R. Eliasopht If one were to say that freedom of speech has only the scope that those in power intend it should have then, it may well be asked, has there ever been-in ancient times or the present, in China or outside of it-a state in which speech has not been "free"? If we were to proceed along this line of reasoning, would not our sacred constitutional provision of freedom of speech become nothing more than the most senseless, empty words? -From a wall poster at Peking Univer- sity, December, 1980* Introduction The Constitution of the People's Republic of China (P.R.C.) guaran- tees China's citizens a full panoply of speech rights.1 Yet recent events have caused both domestic and foreign observers to wonder whether these guaranties have any substance. Shortly after the highly publi- cized trial of the dissident author and editor Wei Jingsheng in October, 1979, and the ensuing crackdown on political dissent,2 "Democracy Wall ' 3 was stripped and its use as a forum for "big-character posters" (dazibao) was prohibited. These events were only a prelude. In June, 1980, the Central Committee of the Communist Party of China recom- mended that the National People's Congress remove the "Four Big Rights" (sida)-thecitizens' rights to "speak out freely, air their views t J.D., Yale Law School, 1982. * Unless otherwise indicated, all translations of Chinese materials are by the author. 1. Under Article 45 of the Chinese Constitution, "[clitizens enjoy freedom of speech, correspondence, the press, assembly, association, procession, demonstration and the freedom to strike ..
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