Commercial Speech as Free Expression: The Case for First Amendment Protection (Cambridge Studies on Civil Rights and Civil Liberties)

La 4ème de couv. indique : "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." La 4ème de couv. indique : "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." "Commercial speech has become one of the most litigated and controversial areas of First Amendment protection. The controversy arises from fundamental misunderstandings of the ways in which commercial speech furthers the values of the First Amendment's guarantee of free expression. To understand the nature of the debate, it is necessary to understand how the Supreme Court has chosen to define the concept of commercial speech. The phrase does not include all expression concerning the relative merits of commercial products or services. Rather, the Court has confined the concept to speech that does no more than propose a commercial transaction. Thus, speech either opposing a commercial purchase or neutrally describing the qualities of a commercial product or service receives full First Amendment protection, while speech that directly promotes a purchase receives a reduced level of protection"-- Provided by publisher