Commercial Entities' Noncommercial Speech: A Contradiction in Term

Alderman, Richard M.

Journal: Utah Law Review

Volume: 1982

Year: 1982

Bluebook Citation: 1982 UTAH L. REV. (1982)

Author: Richard M. Alderman: all 3 publications


Abstract

The United States Supreme Court has recently extended first amendment protections to purely "commercial" speech. It has done so, however, with qualification. Commercial speech is recognized as having lower first amendment protection than traditionally protected forms of expression. Consequently, a new dichotomy has developed between the first amendment protections afforded noncommercial speech and the "hybrid" protection afforded commercial speech.$ Although the classification of speech as "commercial" once used to preclude constitutional review, it now dictates a different, though substantial measure of first amendment protection.

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