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內容虛偽不實或具誤導性之商業性言論之違憲審查
Thesis

內容虛偽不實或具誤導性之商業性言論之違憲審查

陳乃瑄
Masters, 國立清華大學, 科技法律研究所
2011

Abstract

商業性言論 虛偽不實 誤導性 違憲審查 Commercial Speech Untruthful Misleading Contitutional Review
Abstract Commercial speech is different from other types of speech because its main purpose, pursuing commercial interests, is not considered as the main value of freedom of speech. Thus both the United States and our practices give no or low protection in the past. With the change in doctrine development and the practical view, the value of commercial speech has been recognized and given a certain degree of protection. However, by observing the practices of constitutional interpretation, it can be found that the protected types are still limited to the "promotion of legitimate trading activities" and "the contents of non-deceptive or non-misleading". For "Untruthful or misleading commercial speech," there was no relevant standard of review, and may lead to two following problems: First, cause of the chilling effect due to publisher self-review; Second, no standard can be followed when relevant cases show up. The aforementioned problem reflected in current practice is false advertising. Without relevant constitutional review standard, it cannot be determined whether the regulatory instruments and penalties of current laws and regulations can effectively achieve the set purpose of the regulations, or whether the regulatory instruments infringe the freedom of speech. In this thesis, analysis on the untruthful or misleading commercial speech is done by comparing the practical insights of the United States with our laws and regulations. The goal is to find the suitable standard of constitutional review for untruthful or misleading commercial speech. Key Words:Commercial Speech, Untruthful, Misleading, Constitutional Review

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