COM 250 Lecture Notes - Lecture 18: Pacifica Foundation, Equal Protection Clause, Institute For Operations Research And The Management Sciences

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Commercial speech: the complexity of advertising, a history of negativity. Good speech informs the customer, spurs commerce, creates jobs, good for society. Bad speech does not advance societal interests: the first amendment is about exposition of ideas and determining truth. Judge skelly right: valentine vs. chrestensen (1942): In valentine v. chrestensen an entrepreneur in new york city began to distribute leaflets that contained an advertisement for a commercial exhibition of a former. Navy submarine: on one side of the leaflets was the advertisement and on the other side was a message that protested the city"s denial of wharfage facilities for the exhibition. District court granted an injunction and the court of appeals affirmed. Court, however, unanimously reversed and refused to enjoin the enforcement of the statute: understanding the court"s decision, the first amendment before 1942. Nearly all the regulation that might be thought to affect the freedom of speech was at the state or local level.

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