Persistent Threats to Commercial Speech
Abstract
The current Supreme Court is very protective of speech, including commercial speech. Threats to commercial speech persist nonetheless. This paper, prepared for a symposium at Brooklyn Law School, examines two: 1) the use of commercial speech restrictions as a form of rent-seeking; 2) compelled commercial speech. Regulation of commercial speech protect is sometimes used to protect established corporate interests from competitors who are less able to bear the costs of regulation, with consequences that extend beyond the economic marketplace. In the case of commercial speech, courts have been unduly deferential to claims of a consumer “right to know” as a basis for mandated labeling and disclosure. Greater protection of commercial speech would be necessary to guard against these threats.
Keywords
Commercial speech, First Amendment, Compelled speech, Compelled commercial speech, Rent Seeking
Publication Date
2016
Document Type
Article
Place of Original Publication
Journal of Law & Policy
Publication Information
25 Journal of Law & Policy 289 (2016)
Repository Citation
Adler, Jonathan, "Persistent Threats to Commercial Speech" (2016). Faculty Publications. 1982.
https://scholarlycommons.law.case.edu/faculty_publications/1982
