Commercial speech as free expression : the case for first amendment equivalence / Martin H. Redish, Northwestern University.

Format:

Book

Author/Creator:

Redish, Martin H., author.

Series:

Cambridge studies on civil rights and civil liberties

Language:

English

Subjects (All):

Corporate speech--United States.

Corporate speech.

Freedom of speech--United States.

Freedom of speech.

United States.

Physical Description:

1 online resource (xii, 176 pages) : digital, PDF file(s).

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2021.

System Details:

text file

PDF

Summary:

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.

Contents:

Commercial speech and the values of free expression

False commercial speech and the first amendment

The right of publicity, commercial speech, and the equivalency principle

Compelled commercial speech and the first amendment

Scientific expression and commercial speech : the problem of product health claims

Conclusion : making the case for first amendment equivalence.

Notes:

Title from publisher's bibliographic system (viewed on 21 May 2021).

Other Format:

Print version:

ISBN:

9781108277563

Access Restriction:

Restricted for use by site license.