Scrutinizing Commercial Speech

11 Pages Posted: 23 Jul 2005

See all articles by Troy L. Booher

Troy L. Booher

Zimmerman Jones Booher LLC; S.J. Quinney College of Law


Commercial speech continues to be formally distinguished from noncommercial speech under the First Amendment. However, a careful analysis of the development of commercial speech doctrine reveals that formally abandoning the distinction is merely the natural extension of, if not entailed by, commercial speech jurisprudence already in place. I argue that when we carefully examine what appear to be disagreements over levels of scrutiny, we can see that they are really disagreements over what constitutes a compelling state interest in the commercial speech context.

Keywords: Commercial speech, first amendment, free speech, scrutiny

Suggested Citation

Booher, Troy L., Scrutinizing Commercial Speech. George Mason University Civil Rights Law Journal (CRLJ), Vol. 15, No. 1, Available at SSRN:

Troy L. Booher (Contact Author)

Zimmerman Jones Booher LLC ( email )

Kearns Building, Suite 721
136 South Main Street
Salt Lake City, UT 84101
United States
801-924-0200 (Phone)

S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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