PSCI 3322 Lecture Notes - Lecture 22: New York Public Service Commission, Commercial Speech, Erotic Dance
25 Jan 2017
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Valentine v. chrestensen: chrestensen, has submarine on the pier, trying to sell admission by trying to hand out leaflets to people and see the submarine. It tells them there"s a to(cid:396)pedo co(cid:373)pa(cid:396)t(cid:373)e(cid:374)t, sleepi(cid:374)g (cid:395)ua(cid:396)te(cid:396)s, etc : arrested for handing out leaflets for commercial purposes, only political. We are equally clear that the constitution imposes no such restraint on government as respects purely commercial advertising. Court says that the statement is not political, it is just a subterfuge for trying to sell admission. Also - commercial speech is unprotected speech as of 1942. Court is still using 2 level theory of speech. New york advertised in virginia, where abortion is illegal, that they have abortion legal. Is this ad for abortion commercial speech: yes - it is a selling of a medical service. Valentine v. christiansen, it would be unprotected speech. This advertisement would be illegal under virginia law.
