選挙運動の規制と言論表現の自由 : 特に公職選挙法一四二条をめぐって

抄録

It goes without saying that the freedom of speech and expression are secured in our country, it is deserved claim that we can freely conduct election under parliamentary democratic government. Nevertheless there are various complicated regulations in the Public Office Election Law of our country for a just cause of realization of impartial and orderly election and establishment of sound parliamentary democratic government, therefore the violators are to be punished. However the content of the regulations of the Public Office Electian Law concerning an election campaing dosen't necessarily coincide with public opinion, and what is worse it can be said that it has some regulations that are unfavourable to the voters, though it is generous to both the candidates and the campaingners by a close investigation of the content of regulations and punishment of it. In this paper for the illustration of the fact mentioned above we chose the 142th article of the Public Office Election Law to verify every problems in it from the constitutional point of view.