Abstract

http://ssrn.com/abstract=1019264
 
 

Footnotes (49)



 


 



The First Amendment and Commercial Speech


Edwin Baker


University of Pennsylvania Law School (deceased)


Indiana Law Journal, Vol. 84, p. 981, 2009
Liberté d'Expression en Europe et aux Etats - Unis, Dalloz, 2008
U of Penn Law School, Public Law Research Paper No. 07-42

Abstract:     
After a quick summary of constitutional treatment of commercial speech, this essay outlines four reasons why commercial speech should be denied First Amendment protection. Working from the claim that the primary rationale for constitutional protection of speech is the mandate that government respect individual freedom or autonomy, the essay argues: 1) that the individual does not choose, but rather the market dictates the content of commercial speech; 2) that the commercial speech should be attributed to an artificial, instrumentally entity - the business enterprise - rather than the flesh and blood person whose liberty merits protection; 3) market exchanges involve the exercise of power, not the expression of values and solidarities, and exercises of power should always be subject to legal regulation. 4) The essay also recommends denying protection on the basis of a theory of speech freedom that focuses on protection of dissent.

Number of Pages in PDF File: 18

Keywords: commercial speech, free speech, First Amendment, autonomy, dissent

Accepted Paper Series


Download This Paper

Date posted: October 6, 2007 ; Last revised: January 10, 2010

Suggested Citation

Baker, Edwin, The First Amendment and Commercial Speech. Indiana Law Journal, Vol. 84, p. 981, 2009; Liberté d'Expression en Europe et aux Etats - Unis, Dalloz, 2008; U of Penn Law School, Public Law Research Paper No. 07-42. Available at SSRN: http://ssrn.com/abstract=1019264

Contact Information

C. Edwin Baker (Contact Author)
University of Pennsylvania Law School (deceased)
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,359
Downloads: 359
Download Rank: 46,152
Footnotes:  49

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.297 seconds