言论自由与人格权保护的冲突,包括表意自由与人格权保护的冲突、不表意自由与人格权保护的冲突,二者皆属于基本权利冲突。不表意自由与人格权保护冲突应通过妥当解释消除影响、恢复名誉与赔礼道歉此两项民事责任来调适。赔礼道歉是一种在我国法律体系中广泛存在的法律责任,在比较法上获得普遍认可,作为民事责任对于打击金钱至上观念、维护市民法的伦理性具有不可或缺性。消除影响、恢复名誉与赔礼道歉作为民事责任皆符合宪法。消除影响、恢复名誉针对的是诽谤,是事实陈述问题,赔礼道歉针对的是侮辱,是意见表达问题;前者可以强制被执行人澄清事实而还原真相,后者无法强制被执行人真诚悔过并致歉,只能通过判决宣示正义。良法之治应唤醒人的良知,法律与道德应各司其职,共同保障和发展人格权。 Conflicts between freedom of expression and protection of personality rights, including the conflict between freedom of expression and protection of personality rights, and the conflict between the freedom of expression and the protection of personal rights, are both fundamental rights conflicts. The conflict between the unwarranted freedom and the protection of personality rights should be adjusted by properly explaining the two civil responsibilities of eliminating the influence, restoring the reputation and apologizing for the indemnity. Apology is a kind of legal liability widely existing in the legal system of our country. It is generally recognized in the comparative law. As a civil liability, it is indispensable as a civil liability to combat the supremacy of money and safeguard the ethics of civil law. Elimination of impact, restoration of honor and apology as civil liability are in line with the Constitution. Elimination of impact, reputation restoration is defamation, is a matter of fact statement, apologize for the insult is the expression of opinion; the former can force the enforcer to clarify the facts and restore the truth, the latter can not force the enforcer to repent and apologize in good faith Justice can only be declared through judgments. The rule of good law should awaken the conscience of the people, and law and morality should work their own ways to jointly safeguard and develop the right of personality.