Commercial Speech as Free Expression: The Case for First Amendment Protection

The Supreme Court has expanded the protection of commercial speech in recent years, but it remains strictly limited. This book proposes a new synthesis of perspectives on how free expression fosters and protects expressive values, arguing that commercial speech deserves treatment equivalent to traditionally protected speech.

Format: Paperback / softback
Length: 188 pages
Publication date: 07 October 2021
Publisher: Cambridge University Press

For countless years, commercial speech was arbitrarily excluded from the protection of the First Amendment, lacking any discernible rationale or logical basis. However, a gradual shift began to take place in the mid-1970s, as the Supreme Court began to extend limited protection to this form of expression. While this expansion was notable, it remained firmly constrained and did not encompass the same level of constitutional safeguards as traditionally protected expressive categories such as political speech or literature.

In recent years, there has been a discernible expansion of this protection, albeit with reluctance on the part of both the Court and scholars to treat commercial speech as an equivalent to traditionally protected expressive categories. This reluctance stems from a prevailing belief that commercial speech should be treated differently due to its inherent commercial nature and the potential for manipulation and deception.

Commercial Speech as Free Expression emerges as a groundbreaking proposition, advocating for the full extension of First Amendment protection to commercial speech. This book offers a novel and comprehensive synthesis of diverse perspectives, seeking to establish a new framework for understanding how free expression fosters and safeguards expressive values. By proposing a four-part framework, the book aims to provide a clear and coherent understanding of how the equivalency principle would function in real-life situations.

The crux of the argument lies in recognizing that, as a matter of First Amendment value, commercial speech deserves the same level of treatment as traditionally protected speech. This means that commercial speech should not be subjected to arbitrary restrictions or censorship, and individuals and businesses should have the freedom to express their messages and engage in commercial transactions without fear of government interference.

The book delves into the complexities and subtleties of how the equivalency principle would operate in various real-life scenarios. It explores the interplay between free expression, consumer protection, and the interests of businesses, examining how the principle can be applied to different types of advertising, marketing, and commercial speech. The authors provide practical examples and insights to illustrate how the equivalency principle can be applied in practice, helping readers to understand the potential benefits and challenges of extending First Amendment protection to commercial speech.

In conclusion, Commercial Speech as Free Expression presents a compelling argument for expanding the protection of commercial speech under the First Amendment. By proposing a new synthesis of perspectives and providing practical examples, the book offers a valuable contribution to the ongoing debate about the boundaries of free expression in the modern marketplace. As society evolves and new forms of communication emerge, it is essential to ensure that the First Amendment remains flexible and adaptable to meet the changing needs of individuals and businesses.

Weight: 290g
Dimension: 152 x 228 x 17 (mm)
ISBN-13: 9781108405003