ライセンスと専門職言論 : ツアーガイドの事例から

廣島法學 Volume 45 Issue 4 Page 148-96 published_at 2022-03-18
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Title ( jpn )
ライセンスと専門職言論 : ツアーガイドの事例から
Title ( eng )
Licensing and Professional Speech: From the Cases of Tour Guides
Creator
Source Title
廣島法學
The Hiroshima Law Journal
Volume 45
Issue 4
Start Page 148
End Page 96
Journal Identifire
[ISSN] 03865010
[NCID] AN0021395X
Abstract
It seems popular to attack the license system using the First Amendment. In the District of Columbia and Charleston, the tour guide license system has been found to violate the First Amendment.
The purpose of using the First Amendment to attack the license system is to upset the rationality review framework used in the constitutional review of occupational regulations. In other words, it is an attempt to reconstruct the examination criteria applicable to economic regulation into the framework of the First Amendment.
Sorrell v. IMS Health Inc. 564 U.S. 552 (2011) is providing momentum to this attempt. While the Vermont law strictly restricted pharmacies from selling records showing trends in doctors' prescriptions and banned the disclosure of such records by drug marketing companies completely, it allowed others to sell similar information. Sorrell declared this Vermont law unconstitutional.
Some commentators are wary of this ruling. They consider it a move to apply strict examinations, regarding the regulation of speech on companies as a content regulation. These commentators worry that cases such as the District of Columbia, New Orleans, and Charleston may extend the First Amendment approach to economic regulation because these cases are disputing the tour guide license system as a violation of the First Amendment.
As seen in this paper, no strict examination criteria were imposed on the tour guide license system. However, the intermediate examination standards, which have negligible differences from strict examination standards, are applied. Nevertheless, there are still situations that should be watched.
Will the First Amendment approach to the tour guide license system succeed? This paper examines the relationship between the license system and the First Amendment from the perspective of professional speech.
Descriptions
本研究はJSPS 科研費 JP19K01299 の助成を受けたものです。
Language
jpn
Resource Type departmental bulletin paper
Publisher
広島大学法学会
Date of Issued 2022-03-18
Rights
許可なく複製・転載することを禁じる
Publish Type Version of Record
Access Rights open access
Source Identifier
[ISSN] 0386-5010
[NCID] AN0021395X