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Expression Here and Abroad: A Comparative Analysis of the U.S. Supreme Court's and the European Court of Human Rights' Commercial Speech Doctrines
Unformatted Document Text:  ICA 1-10808 18 contact with Bar members and, thus, in a better position to evaluate and establish the right balance to be struck between the various interests of all parties involved. 132 Thus, a wider margin of appreciation for professional advertising restrictions related to competitive advantage was established in the Coca case. Jacubowski v. Germany: Wider Margin of Appreciation Upheld for Restrictions Dealing with Unfair Professional Competition The European Court’s decision in the Jacubowski case 133 came just four months after Coca. Jacubowski was dismissed as the editor-in-chief of a news agency run by a German commercial company. In reply to his dismissal and a company press release that had been issued about him, Jacubowski distributed a letter containing adverse comments about his former employer as well as newspaper clippings questioning the competence of his former employer as a commercial company. 134 The German national courts prohibited any further circulation of the materials, which Jacubowski then contested as a violation of his Article 10 rights. The European Court again found themselves weighing the protection of the rights and reputations of others against freedom of expression, much like the Markt Intern case. The Court found that there had been no violation of Article 10 because the German court had not overstepped its bounds in regards to the margin of appreciation left to the national authorities. 135 The German courts had only prohibited redistribution of the letter. Jacubowski was free to voice his opinions and defend himself by any other means. 136 In terms of commercial expression, the Jacubowski case reinforces the Court’s position that a wider margin of appreciation is left to the member States in regards to commercial speech restrictions in the area of competition and unfair business practices. From Bowman to Vgt Verein: The Margin of Appreciation Tightens for Restrictions of Truthful and Objective Advertising In Bowman v. United Kingdom 137 , the European Court considered whether the arrest and prosecution of an abortion campaigner prior to a general election violated the campaigner’s Article 10 rights. A United Kingdom statute limited the amount of money

Authors: Hollerbach, Karie.
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ICA 1-10808 18
contact with Bar members and, thus, in a better position to evaluate and establish the right
balance to be struck between the various interests of all parties involved.
132
Thus, a wider
margin of appreciation for professional advertising restrictions related to competitive
advantage was established in the Coca case.

Jacubowski v. Germany
: Wider Margin of Appreciation Upheld for Restrictions
Dealing with Unfair Professional Competition
The European Court’s decision in the Jacubowski case
133
came just four months
after Coca. Jacubowski was dismissed as the editor-in-chief of a news agency run by a
German commercial company. In reply to his dismissal and a company press release that
had been issued about him, Jacubowski distributed a letter containing adverse comments
about his former employer as well as newspaper clippings questioning the competence of
his former employer as a commercial company.
134
The German national courts
prohibited any further circulation of the materials, which Jacubowski then contested as a
violation of his Article 10 rights.
The European Court again found themselves weighing the protection of the rights
and reputations of others against freedom of expression, much like the Markt Intern case.
The Court found that there had been no violation of Article 10 because the German court
had not overstepped its bounds in regards to the margin of appreciation left to the national
authorities.
135
The German courts had only prohibited redistribution of the letter.
Jacubowski was free to voice his opinions and defend himself by any other means.
136
In
terms of commercial expression, the Jacubowski case reinforces the Court’s position that
a wider margin of appreciation is left to the member States in regards to commercial
speech restrictions in the area of competition and unfair business practices.

From Bowman to Vgt Verein: The Margin of Appreciation Tightens for Restrictions
of Truthful and Objective Advertising
In
Bowman v. United Kingdom
137
, the European Court considered whether the
arrest and prosecution of an abortion campaigner prior to a general election violated the
campaigner’s Article 10 rights. A United Kingdom statute limited the amount of money


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