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You Can Say That Again!: A Way Out Of The Compelled Commercial Speech Conundrum, Dayna B. Royal
You Can Say That Again!: A Way Out Of The Compelled Commercial Speech Conundrum, Dayna B. Royal
Dayna B. Royal
In the last decade the Supreme Court has modified the compelled-speech and commercial-speech doctrines by creating a hybrid of the two—compelled-commercial speech. This nascent doctrine leaves unanswered serious questions about how it coexists with other doctrines in the First Amendment landscape.
This paper proposes a principled means to resolve these questions by drawing on an innovative behavioral-science theory called Cultural Cognition to provide a system for categorizing forced commercial-speech regulations. By establishing which test applies to determine whether regulations violate the First Amendment, this framework should help bring consistency and predictability into a murky area of First Amendment law.
Cultural Cognition As A Tool To Combat The Compelled-Commercial-Speech Conundrum, Dayna B. Royal
Cultural Cognition As A Tool To Combat The Compelled-Commercial-Speech Conundrum, Dayna B. Royal
Dayna B. Royal
In the last decade the Supreme Court has modified the compelled-speech and commercial-speech doctrines by creating a hybrid of the two—compelled-commercial speech. This nascent doctrine leaves unanswered serious questions about how it coexists with other doctrines in the First Amendment landscape. This paper proposes a principled means to resolve these questions by drawing on an innovative behavioral-science theory called Cultural Cognition to provide a system for categorizing forced commercial-speech regulations. By establishing which test applies to determine whether regulations violate the First Amendment, this framework should help bring consistency and predictability into a murky area of First Amendment law.