The Openness of the Commercial Free Speech Test and the Value of Self-Realization

34 Pages Posted: 25 Aug 2020 Last revised: 4 Sep 2020

See all articles by R. George Wright

R. George Wright

Indiana University Robert H. McKinney School of Law

Date Written: April 3, 2012

Abstract

There is certainly more than one way to think of self-realization as a value underlying freedom of commercial speech and its regulation. The accompanying Article argues for the distinctive importance of a particular version of self-realization: that of freely arrived-at human flourishing, personal development, genuine fulfillment, and even happiness itself. It is contended that the main current commercial free speech test, as developed in the Central Hudson case, can actually be interpreted as compatible with a relatively lax mere reasonableness test. Under our current broad cultural, institutional, and economic circumstances and power relationships, the most valuable forms of the free speech value of self-realization are generally best promoted by a mere reasonableness test of pure commercial speech regulations.

Keywords: freedom of speech, commercial speech, Central Hudson, free speech values, self-realization, minimum scrutiny

Suggested Citation

Wright, R. George, The Openness of the Commercial Free Speech Test and the Value of Self-Realization (April 3, 2012). University of Detroit Mercy Law Review 88 p. 17, Available at SSRN: https://ssrn.com/abstract=2033827 or http://dx.doi.org/10.2139/ssrn.2033827

R. George Wright (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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