Commercial Speech as Free Expression: The Case for First Amendment Protection

Martin H. Redish (Northwestern University, Illinois)

Commercial Speech as Free Expression: The Case for First Amendment Protection
Format
Paperback
Publisher
Cambridge University Press
Country
United Kingdom
Published
7 October 2021
Pages
188
ISBN
9781108405003

Commercial Speech as Free Expression: The Case for First Amendment Protection

Martin H. Redish (Northwestern University, Illinois)

For many years, commercial speech was summarily excluded from First Amendment protection, without reason or logic. Starting in the mid-1970s, the Supreme Court began to extend protection but it remained strictly limited. In recent years, that protection has expanded, but both Court and scholars have refused to consider treating commercial speech as the First Amendment equivalent of traditionally protected expressive categories such as political speech or literature. Commercial Speech as Free Expression stands as the boldest statement yet for extending full First Amendment protection to commercial speech by proposing a new, four-part synthesis of different perspectives on the manner in which free expression fosters and protects expressive values. This book explains the complexities and subtleties of how the equivalency principle would function in real-life situations. The key is to recognize that as a matter of First Amendment value, commercial speech deserves treatment equivalent to that received by traditionally protected speech.

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