當新聞自由與競爭自由發生利益衡量之問題時，該如何解決？由我國憲法規定，似乎找不到答案。是以，本文試圖依據雙重標準說加以評析之。雙重標準說係起源於美國的違憲審查論，以為對於有關表現自由之立法應加以嚴格審查，並演變為基本人權是否有優劣順序之討論。雖然，雙重標準說於美、日各國之學說及實務上，均尚未見定論，對於我國憲法理念之發展，則仍有重大參考之必要。

It will be no answer from our Constitution about how to balanc­ing the freedom of the press and the freedom of competition when they are in dispute over benefits for media. The purpose of this article is to critically analyze and introduce the "Double Standard" theory in order to check this problem. The origin of the "Double Standard" theory in American can be traced to the Carolene Products Case (1938), about the judicial review of governmental regulation. When it transplanted and developing in Japan, there are many discussions not only in the judicial review to deal with the constitutionality of governmental free speech regulation with stricter standards and with looser standards to economical regulation, but also in that whether it need to put the liberty rights of free speech to the preferred position or not. Though it is still at issue to date, no matter in American or in Japan, this article also suggests that the concept of the "Double Standard" theory should be conducive to the development of our Constitution.