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7 Cards in this Set
- Front
- Back
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The Supreme Court has defined commercial speech as....
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either speech that does “no more than propose a commercial transaction or as expression “solely motivated by the desire for profit.”
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Advertising, which is regulated at the federal level by the FTC....
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.... has more protection today under the 1st amendment because the free flow of information is indispensable to people’s lives and their ability to be informed consumers.
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Virginia v. Chrestensen, 1942
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The court decision in this case was that the city ordinance prohibiting the distribution of handbills for commercial advertising was not violating Chrestensen’s freedom of speech. The decision was that it was clear that the streets are proper place for expressing opinion and spreading information, but governments could regulate purely commercial advertising.
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2. New York Times v. Sullivan, 1964
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a. The courts changed their stance on advertising protection in this libel case involving an editorial advertisement in the New York Times. Since the ad had a political message, the court decided that it warranted protection, leaving open the question whether purely commercial advertising would be protected.
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3. Virginia State Bd of Pharmacy v. Virginia Citizens Consumer Council, 1976
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a. A Virginia law prohibited licensed pharmacists from advertising the price of prescription drugs. VCCC argued that permitting the advertising would help the consumers of prescription drugs and that the 1st amendment secures for prescription drug consumers the right to receive information from pharmacists. The Supreme Court agreed in this case and recognized that the 1st amendment protects purely commercial advertising.
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4. Central Hudson Electric & Gas Company v. Public Service Commission of New York, 1980
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a. The Central Hudson case resulted in a four-part test for determining when government restrictions of commercial speech are permissible. The Supreme Court devised this test to determine when commercial speech would receive First Amendment protection.
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When deciding f the First Amendment should shield commercial speech , courts must consider whether:
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i. The expression of commercial speech concerns lawful activity and is not misleading.
ii. The asserted government interest is substantial. iii. The regulation directly advances the asserted government interest. iv. The regulation is no more extensive that necessary to serve that interest. |
