MMC 3200 Lecture Notes - Lecture 30: Commercial Speech, Ims Health, False Advertising
Document Summary
8, clause 3(cid:895) e(cid:454)plicitl(cid:455) allo(cid:449)s co(cid:374)gress to regulate commerce. Advertising is regulated through laws (federal and state), court rulings, and executive branch agencies. Commercial speech doctrine: truthful and non-misleading advertising about lawful goods and services receives an intermediate level of first amendment protection more protection than speech such as obscenity (not protected), but less protection than political speech (core of 1st. False or misleading advertising, as well as advertising about unlawful goods and services receives no 1st amendment protection. Ny times v. sullivan: some ads provide important even political information. Bigelow v. virginian (1975): truthful advertising has social benefits and deserves some protection; false advertising may be regulated. Of pharmacy v. virginia citizens (1976): commercial speech may have same value as political speech, deserving full first amendment protection. If so, then it receives no first amendment protection and the analysis ends. It may, however, still be regulated and restricted if the government can prove 3 things.
