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  1. Home
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  3. Commercial Speech as Free Expression
Publisher:
Cambridge University Press
Online publication date:
May 2021
Print publication year:
2021
Online ISBN:
9781108277563
DOI:
https://doi.org/10.1017/9781108277563
Subjects:
Constitutional and Administrative Law, Area Studies, Socio-Legal Studies, American Studies, American Government, Politics and Policy, Law, Politics and International Relations
Series:
Cambridge Studies on Civil Rights and Civil Liberties
Information

Book description

For many years, commercial speech was summarily excluded from First Amendment protection, without reason or logic. Starting in the mid-1970s, the Supreme Court began to extend protection but it remained strictly limited. In recent years, that protection has expanded, but both Court and scholars have refused to consider treating commercial speech as the First Amendment equivalent of traditionally protected expressive categories such as political speech or literature. Commercial Speech as Free Expression stands as the boldest statement yet for extending full First Amendment protection to commercial speech by proposing a new, four-part synthesis of different perspectives on the manner in which free expression fosters and protects expressive values. This book explains the complexities and subtleties of how the equivalency principle would function in real-life situations. The key is to recognize that as a matter of First Amendment value, commercial speech deserves treatment equivalent to that received by traditionally protected speech.

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