商业言论自由的宪法学思考

Thought on Commercial Free Speech from the Perspective of Constitutional Law

商业言论自由是指公民为商业目的而传播商品或服务信息的自由(或权利)。商业言论自由属于言论自由的范畴,其宪法地位为宪法文本和宪法判例所确认。商业言论自由之宪法保护的意义在于实现经济领域的言论自由、保护消费者权益和控制政府权力。商业言论自由对于言论自由本身具有重要意义,商业言论自由既是对言论自由价值的明证,也丰富了言论自由的价值内涵。在权利类型上,商业言论自由具有言论自由和经济权利的"竞合性"特征。

Commercial free speech means that citizens have freedom to disseminate products and service information with commercial purpose. Commercial free speech belongs to the category of free speech, and its constitutional status has been affirmed by constitutional text and constitutional precedent. The constitutional value of protection to commercial free speech is the realization of free speech in the economic field, the protection to the consumers＇ rights and interests, and the control of government power. Commercial free speech has important value to free speech itself. Commercial free speech is the affirmation and clear proof of the value of the free speech ; it is also an expansion of the latter. In regard to the type of right, commercial free speech has the ＂concurrence＂ nature of both the freedom of speech and the economic right.