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Commercial Speech

We live in a spam culture.

Our commercial culture is the logical conclusion of the rise of the commercial speech doctrine -- the idea that corporate advertising is protected under the First Amendment.

The commercial speech doctrine is a recent innovation. Not long ago, the U.S. Supreme Court held that commercial speech was not protected by the First Amendment. In 1942, the Court held in Valentine v. Chrestensen that the constitution allows states to limit commercial speech as they see fit.

The Supreme Court first held that commercial speech deserves constitutional protection in 1975, in Bigelow v. Virginia, and then in 1976, in Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.

Ultimately, to limit the spread of spam, pop-ups, telemarketing and other forms of ad creep, we must curtail the corporation’s right to speak.

Corporations are not persons; they do not deserve the protection of the Bill of Rights.

Government

• Bush Administration
• Centers for Disease Control
• City for Sale
• Commercial Speech
• Corporations
• Corruption
• Elections
• Federal Trade Commission
• Library of Congress
• NASA
• Parks
• Police Cars
• Public Transportation
• Smithsonian
• U.S. Postal Service