Constitutional Protection over Commercial Speech
Freedom of expression is one of the fundamental rights widely recognized and protected by almost all countries. Nevertheless, not all expressions enjoy the same level of protection. Following the two-tier theory adopted in both the U.S. and Taiwan, expressions were further categorized based on the value of their content. In contrast with the high-value expressions like political speech that were provided complete constitutional protection, commercial speech was often considered less important and was only afforded a lower degree of protection. Noticing that the dietary supplement markets in Taiwan are developing rapidly, and there is a growing need to regulate the commercial speech deployed by business operators in this market. This paper will center on the constitutional protections afforded to commercial speech in Taiwan, including the content of commercial speech and the applicable standard of review. Furthermore, this paper shall also examine the constitutionality of the regulatory measures deployed to prevent consumer fraud and maintain market competition order.