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Constitutional Law

2017

Commercial Speech Doctrine

Articles 1 - 7 of 7

Full-Text Articles in Law

The Commercial Difference, Felix T. Wu May 2017

The Commercial Difference, Felix T. Wu

William & Mary Law Review

When it comes to the First Amendment, commerciality does, and should, matter. This Article develops the view that the key distinguishing characteristic of corporate or commercial speech is that the interest at stake is “derivative,” in the sense that we care about the speech interest for reasons other than caring about the rights of the entity directly asserting a claim under the First Amendment. To say that the interest is derivative is not to say that it is unimportant, and one could find corporate and commercial speech interests to be both derivative and strong enough to apply heightened scrutiny to …


A Reverent Reflection Of The Splendid Scholarship Of Martin Redish—Does Reexamining Commercial Speech Shed Light On The Regrettable Reliance Upon Lie & Insult In Political Campaigns?, Douglas W. Kmiec Mar 2017

A Reverent Reflection Of The Splendid Scholarship Of Martin Redish—Does Reexamining Commercial Speech Shed Light On The Regrettable Reliance Upon Lie & Insult In Political Campaigns?, Douglas W. Kmiec

William & Mary Bill of Rights Journal

No abstract provided.


Introduction: The Moral Demands Of Commercial Speech, Andrew Koppelman Mar 2017

Introduction: The Moral Demands Of Commercial Speech, Andrew Koppelman

William & Mary Bill of Rights Journal

No abstract provided.


False Commercial Speech And The First Amendment: Understanding The Implications Of The Equivalency Principle, Martin H. Redish, Kyle Voils Mar 2017

False Commercial Speech And The First Amendment: Understanding The Implications Of The Equivalency Principle, Martin H. Redish, Kyle Voils

William & Mary Bill of Rights Journal

No abstract provided.


Are Commercial Speech Cases Ideological? An Empirical Inquiry, Adam M. Samaha, Roy Germano Mar 2017

Are Commercial Speech Cases Ideological? An Empirical Inquiry, Adam M. Samaha, Roy Germano

William & Mary Bill of Rights Journal

The empirical study of judicial behavior continues to grow and mature. The live challenges include specification, such as constructing useful conceptions and measures of ideology, mapping particular domains in which identifiable forces influence decisions, and quantifying the magnitudes of those influences. To make progress on these challenges, we roll out new and expanded datasets that build on the work of Cass Sunstein, Lee Epstein, Gregory Sisk, and others, and we report on the character of constitutional litigation today. Our datasets cover U.S. Court of Appeals decisions in five domains: (1) commercial speech, (2) gun rights, (3) abortion rights, (4) establishment …


No Regrets (Almost): After Virginia Board Of Pharmacy, Alan B. Morrison Mar 2017

No Regrets (Almost): After Virginia Board Of Pharmacy, Alan B. Morrison

William & Mary Bill of Rights Journal

No abstract provided.


Commercial Speech And The Perils Of Parity, Frederick Schauer Mar 2017

Commercial Speech And The Perils Of Parity, Frederick Schauer

William & Mary Bill of Rights Journal

No abstract provided.