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Practical Reason: The Commercial Speech Paradigm, Edward J. Eberle
Practical Reason: The Commercial Speech Paradigm, Edward J. Eberle
Law Faculty Scholarship
First Amendment jurisprudence incorporates a continual struggle to balance coflicting interests. Free speech values must be weighed against communitarian interests in a rational manner. The article examines the foundationalist approach to this task, and finds it incapable of providing a unified First Amendment theory. Through examination of the treatment of commercial speech, the article arrives at a more coherent approach through the application of practical reasoning. The proposed methodology allows for principled analysis and decisions which yield an internally consistent body of law.