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Essay / Research Paper Abstract
A 15 page paper discussing various settings in which commercial free speech has been challenged in recent cases and focusing on the influence that the Central Hudson test has had on all of them. Justice Stevens attempted to effect a change in determining whether First Amendment protection is warranted in specific cases in the 44 Liquormart case and again in the Greater New Orleans Broadcasting case. Cases now in lower courts combined with the results of these and other cases indicate that changes in determination of First Amendment protection may well be on the horizon. Bibliography lists 9 sources in 38 footnotes.
Page Count:
15 pages (~225 words per page)
File: CC6_KScommSpeech.rtf
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Unformatted sample text from the term paper:
It has been 25 years since the US Supreme Court established the right of free speech under the First Amendment as applying to
businesses as well as to individuals.1 There have been degrees to which businesses have had their First Amendment rights to commercial free speech argued for and against in the
US Supreme Court, and there are indications that another chapter could be emerging even now in California. That states Supreme Court heard a case in February 2002 that has
not yet been decided, one involving Nikes efforts at "image burnishing" in conjunction with ongoing claims that the company supports sweatshop labor in its offshore manufacturing.2
This may constitute a change in future US Supreme Court cases in which commercial free speech is the central issue. At present, the issues considered generally
tend to be more straightforward. By definition, commercial free speech involves the use of some sort of marketing or advertising message originated by
an organization involved in commercial activity.3 Though courts may need to determine a more narrow definition if the Nike case is not resolved within the California court system, the
concept refers to the rights of businesses to advertise in any manner that is not in opposition to laws requiring truth in advertising. The right of commercial free speech
is the right of businesses to promote themselves and their goods and services for the purpose of enhancing their competitive advantage within their markets.
Recent Cases The right of commercial free speech does not include the right to make false or misleading statements, as recently
...