Commercial speech
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Commercial Speech is speech done on behalf of a company or individual for the intent of making a profit. It is economic in nature and usually has the intent of convincing the audience to partake in a particular action, often purchasing a specific product. Generally, the Supreme Court defines commercial speech as speech that "proposes a commercial transaction." Additionally, the Court developed a three factor inquiry in determining whether speech is commercial in Bolger v. Youngs Drug Products; however, those factors have yet to be utilized in any other Supreme Court case dealing with commercial speech.
The idea of "Commercial Speech" was first introduced by the Supreme Court when it upheld Valentine v. Chrestensen (1942). In upholding the regulation, the Supreme Court said, "We are … clear that the Constitution imposes … no restraint on government as respects purely commercial advertising."
In a 1978 decision, Ohralik v. Ohio State Bar Ass'n, the Court offered this defense: Template:Quote
There are those on the Supreme Court that disagree with this "common-sense" distinction, though. Justice Clarence Thomas replied, in 44 Liquormart, Inc. v. Rhode Island (1996), that "I do not see a philosophical or historical basis for asserting that 'commercial' speech is of 'lower value' than 'noncommercial' speech."
Federal judge Alex Kozinski stated, in regards to the 1942 ruling, "the Supreme Court plucked the commercial speech doctrine out of thin air."
See also
External links
- Commercial Speech in regard to KFC
- History of Commercial Speech
- Stay Free Magazine on the Cost of Free Speech
Further reading
- Joanna Krzeminska-Vamvaka, Freedom of commercial speech in Europe, Hamburg: Verlag Dr. Kovac 2008 - comparative analysis of commercial speech regulation in the US, EU, under ECHR, in Germany and Poland
