Abstract: The development of big data brings about emerging demand of data freedom, and the conflict between data freedom and privacy protection that focuses on regulation is increasingly intensifying. From a legal perspective, the key to resolve such conflicts is to straighten out the internal mechanism of data freedom and privacy protection. Through comparative research and normative interpretation, it finds out that the U.S. Supreme Court and lower courts have incorporated data into the protection scope of the First Amendment of the Federal Constitution, that is, endowed data with speech protection, and developed rules or standards of general applicability that define the scope of data freedom and the limits of regulation. A series of measures proves the reconciliation of data freedom and privacy protection. In general, studying relevant precedents and rules of data freedom and privacy protection in the United States can provide research reference for the solution of relevant problems in China.