Foreign Experience and Chinese Approach to the Constitutional Protection of Commercial Speech
The freedom of commercial speech is a natural extension of freedom of speech in modern con-stitutions to the economic field.Its conceptual scope can be identified through the methods of defining connota-tions and distinguishing denotations from the surface to the core.As the logical starting point of constitutional protection,commercial speech refers to the speech made by natural persons,legal persons or other organiza-tions in the forms of language,text,graphics,logos,etc.,which affects their own or others'commercial in-terests.Judging from foreign practices,the constitutional protection of commercial speech in the United States has gone through four stages from"complete rejection"to"gradual acceptance",and judges have gradually reached a consensus on providing"limited protection"for commercial speech in highly divergent judicial rul-ings.The European courts have been very active in its attitude towards commercial speech from the very begin-ning.Although the relevant judicial practices present two different protection models,they have always adopted the method of"differentiated protection of commercial speech and political speech".The practical experience of the United States and Europe in protecting commercial speech can provide references for the constitutional protection of commercial speech in China:First,clarify the constitutional stance of equal protection of com-mercial speech through non-originalist interpretation methods and the perspective of economic constitutions;second,construct the basic method for the legitimate evaluation of regulatory measures through the integration of the traditional principle of proportionality and the foreign"four-part analysis";third,further improve the guarantee mechanism for the constitutional review of related norms through the optimal design of substantive el-ements and procedural systems.
freedom of commercial speechabsolute termsadvertising lawlawyer advertisingconsti-tutional review
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