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.
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