ADV 353 Lecture Notes - Lecture 2: John Stuart Mill, Commercial Speech, Central Hudson Gas & Electric Corp. V. Public Service Commission
8 Sep 2015
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Commercial speech and the 1st amendment 9/8/15 5:51 pm. Current event: sugar intake and children, 1 soda + 11 sugar cubes. Constitutional framework of free speech: objective: to understand the story of the evolution of free speech especially commercial speech as something that warrants first. Amendment protection and to understand what that protection entails. Free marketplace of ideas: it"s about what government can restrict, concept from john stuart mill, (reaffirmed by oliver wendell. Holmes: dangerous for government to regulate truth; (political) ideas compete in the marketplace. Background: bill of rights and the first amendment. First amendment is not absolute: you cannot falsely yell fire in a crowded theatre oliver wendell. Holmes: freedom of speech unless clear and present danger to society. Restrictions: time, ex: you can"t blare your political opinions after 1am in west. First 150 years: courts recognize first amendment as primarily designed to protect the expression of political ideas and protest against government.
