The broadcast system in Taiwan experienced rigid control of the state in the era of martial law and commercialization in times of liberalization. Regulation often went first beyond then below legislative authorization. The internet technology and the convergence of media in the recent years further challenge the legal boundaries set by telecommunication and broadcast statutes. The legal framework stands now before an overall re-construction. In the realm of legal norms, the Judicial Yuan Interpretation No.364 provides a positive perspective for this re-construction. This article analyses the argumentation schema of this Interpretation and makes a comparison with the later Interpretations which based on the Institution Guarantee theory. The finding that individualistic interpretation of the Prof. Dr. iur., Director of Institute of Financial and Economic Law, National Dong-Hwa Univ.constitution won't provide any legal basis for solving conflicts between “right of the access to the media" and the “free press" urges the legislator to develop a positive objective legal order for the freedom of expression.