Magazine article from our research archive:
|
|
Testing the Outer Limits of Commercial Speech: Its First Amendment Implications
- Article from:
-
The Review of Litigation
- Article date:
-
July 1, 2004
- Author:
-
|
Copyright informationCopyright University of Texas, Austin, School of Law Publications, Inc. Summer 2004. Provided by ProQuest LLC. (Hide copyright information)
|
I. INTRODUCTION
The increasing tension between what the courts have deemed to be the necessary restrictions on "commercial speech" in order to protect consumers, on the one hand, and the important constitutional protections typically afforded free speech under the First Amendment, on the other, is no better illustrated than in the recent case of Nike, Inc. v. Kasky.1 In Nike, a "private attorney general" action brought by an individual named Marc Kasky asserted that the Nike corporation had violated California consumer protection statutes by public statements that the company made while defending itself against accusations of various critics that its factories in Southeast Asia were being ...
Related newspaper, magazine, and journal articles:
|
A new architecture of commercial speech law.
Harvard Journal of Law & Public Policy;
March 22, 2008 ;
700+ words
......Case Against Commercial Speech Regulation...PROTECTING COMMERCIAL SPEECH A. The Problem...Proposal for Commercial Speech Regulation...INTRODUCTION The commercial speech component...protecting commercial speech often seem obscure. The Supreme ...
|
|
The demise of a workable commercial speech doctrine: Dangers of extending...
Texas Law Review;
December 1, 1997 ;
700+ words
......protection to commercial speech would destroy...premonition, the Supreme Court managed to develop a workable commercial speech doctrine in which...acknowledged that commercial speech is entitled to...distinction between commercial and noncommercial...1942, when ...
|
|
Forced Commercial Speech and the Government Speech Doctrine: Discerning...
Journal of Corporation Law;
January 1, 2007 ;
700+ words
......development of the Supreme Court's commercial speech jurisprudence...with forced commercial speech and the Government...from recent Supreme Court decisions...DEVELOPMENT OF COMMERCIAL SPEECH JURISPRUDENCE A. Origins of Commercial Speech ...
|
|
On the wings of Nike: a streamlined approach to the commercial speech...
Communications and the Law;
December 1, 2003 ;
700+ words
......regularity, the Supreme Court's commercial speech doctrine...even some Supreme Court Justices...identify commercial speech? While commentators...HISTORY OF THE COMMERCIAL SPEECH DOCTRINE Historically, the Supreme Court has adhered...
|
|
Forced commercial speech and the government speech doctrine: discerning...
The Journal of Corporation Law;
January 1, 2007 ;
700+ words
......Compelled Speech C. Supreme Court Compelled Commercial Speech Jurisprudence...development of the Supreme Court's commercial speech jurisprudence...A. Origins of Commercial Speech Protection The first Supreme Court case to extend...
|
|
Analysis: Corporate free-speech case pending in front of the US Supreme...
NPR Talk of the Nation;
April 24, 2003 ;
700+ words
......distinction between commercial speech and political...front of the Supreme Court because the...said that's commercial speech. That is...but the Supreme Court must assume...political and commercial speech. What is commercial speech? How has ...
|
|
Commercial speech: Set it free
Chief Executive;
January 1, 2003 ;
690 words
......gray area for "commercial speech." Corporate expression...began with the Supreme Court case of Valentine...determine whether commercial-speech regulations are...Newsweek asked the Supreme Court to hear a case...treatment of commercial speech. These firms ...
|
|
Supreme Court must overturn California's ruling against Nike's right to...
Knight Ridder/Tribune News Service;
January 15, 2003 ;
700+ words
......Fortunately, the U.S. Supreme Court agreed to review...of so-called commercial speech under the First...exceptions. The U.S. Supreme Court has held that...protect so-called commercial speech that may also...how to identify commercial speech is not ...
|
|
|
Supreme Court agrees to hear Nike free speech case.(Knight Ridder...
Knight Ridder/Tribune News Service;
January 10, 2003 ;
648 words
......sneakers. The Supreme Court could go a long...signals about commercial speech, which encompasses...or misleading commercial speech, Hoeber wrote...counters that if the Supreme Court does not step...actual malice. But commercial speech gets less ...
|
|
Supreme Court Considers Nike's 'Free Speech'
The Washington Post;
April 24, 2003 ;
700+ words
......afforded "commercial speech" less constitutional...California Supreme Court decision...the U.S. Supreme Court to clarify a "commercial speech doctrine...California Supreme Court ruled 4 to...they were commercial speech because they...
|
|
|
Supreme Court to hear arguments on tobacco ads as free speech.(The Dallas...
Knight Ridder/Tribune News Service;
April 24, 2001 ;
700+ words
......before the U.S. Supreme Court. The justices...about whether commercial speech, including advertisements...Since 1942, the Supreme Court has distinguished...free speech and commercial speech. The justices...majority of the Supreme Court has ...
|
|
LANDMARK CASE WEIGHS COMMERCIAL SPEECH
United Press International;
April 23, 2003 ;
700+ words
......case weighs commercial speech WASHINGTON...COMTEX) -- The Supreme Court heard argument...decades, the Supreme Court has ruled that...not regulate "commercial speech" -- in most...commercial or non-commercial speech," the California Supreme ...
|
|
Companies should have right to express views. (My Turn).(Supreme Court...
Chain Drug Review;
February 3, 2003 ;
670 words
...In April the Supreme Court is scheduled...the California Supreme Court that upheld abroad definition of commercial speech, thus limiting...question the role of commercial enterprises in...interest groups. The Supreme Court has historically...will give the ...
|
|
|
Exploring the constitutionality of commercial speech: a view of tobacco...
Communications and the Law;
September 1, 2001 ;
700+ words
......argue that commercial speech including...clear, under commercial speech doctrine, how the Supreme Court would rule...indicated that commercial speech receives a...premise. I. COMMERCIAL SPEECH JURISPRUDENCE...by the U.S. Supreme Court as ...
|
See all results.
Or, try our
Advanced Search.
|