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The demise of a workable commercial speech doctrine: Dangers of extending First Amendment protection of commercial disclosure requirements
- Article from:
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Texas Law Review
- Article date:
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December 1, 1997
- Author:
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Copyright informationCopyright University of Texas, Austin, School of Law Publications, Inc. Dec 1997. Provided by ProQuest LLC. (Hide copyright information)
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I. Introduction
When the Supreme Court's decision in Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.1 expanded the First Amendment's protection of speech to encompass pure commercial speech, Justice Rehnquist warned that the Court would soon be sliding down a
slippery slope.2 Rehnquist feared that overextending First Amendment protection to commercial speech would destroy "the possibility of understandable and workable differentiations between protected speech and unprotected speech."3
Despite Rehnquist's premonition, the Supreme Court managed to develop a workable commercial speech doctrine in which First Amendment protection was extended to speech in the ...