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Special Report on

Supreme Court on Commercial Speech

supreme court on commercial speech special research report Photo by www.wileyrein.com
I see that the Virginia Supreme Court issued its opinion in Jaynes, the state-law criminal spam case that has wound its way through the courts there. It affirms the conviction and rejects the various challenges to Virginia's spam statute. Access a copy of the Order here [PDF]. (As a side note I should say that it's not often one is actually excited to read an order in a case you're not involved with. This is definitely one of those instances where the excitement is palpable.) The news reports billed the case as the first felony conviction for sending spam. (Previous discussion here .) After trial and conviction, ...
REVIEWS AND OPINIONS
Reaction to Supreme Court's decision on campaign funding (5 ...
I strongly disagree with the Supreme Court decision, and your editorial endorsement of it, that the government cannot ban political spending by corporations in candidate elections. The decision strongly implies that democracy and market economics are equal. By so doing, the decision places a powerful stamp of approval on a malignant practice in U.S. politics whereby whoever has the most money controls an election. In the process, the voice of the ordinary, non-wealthy citizen is buried and we move closer to government by a moneyed aristocracy. In 1910, Theodore Roosevelt said, “The citizens of the United States must effectively ... market research, surveys and trends
Media, Humane Society of the U.S. clash in free speech case ...
In a major decision concerning First Amendment rights, and in which major media organizations clashed with animal-rights groups such as the Humane Society of the U.S., the U.S. Supreme Court has tossed out a federal statute outlawing depictions of animal cruelty. In U.S. v. Stevens, the issue was not so much animal cruelty as it was its statutory definition, which, on an 8-1 vote, the justices said was constitutionally overbroad. The federal statute made it illegal “to knowingly create, sell or possess a depiction of animal cruelty with the intention of placing that depiction in interstate or foreign commerce for ... market research, surveys and trends

SURVEY RESULTS FOR
SUPREME COURT ON COMMERCIAL SPEECH

Commercial Speech Impediment - Reason Magazine
the most important commercial speech case in two decades, afforded an opportunity for the Court to define more clearly a very hazy but important area of constitutional law: the equal (or unequal) protection of speech based on the source. Businesses and consumers will suffer because of the Supreme Court's dismissal. The First Amendment makes no distinction between political and commercial speech; categories for speech are a relatively recent creation of the Court. And the quagmire that now surrounds Nike demonstrates how distinctions between categories lack clear definition. Nike's defense of foreign working conditions ... industry trends, business articles and survey research
A Major Victory For Commercial Speech - Research and Read Books ...
The constitutional battle that F.J. Chrestensen started on the streets of New York City a little over a half-century ago is not yet won. But his spiritual heirs have gained a significant victory in a skirmish involving the streets of Cincinnati. As a result, the purveyors of commercial information in America--chiefly advertisers and public relations people--may never have seen as much promise of freedom. Just as Chrestensen made a place for himself in First Amendment history by losing the first case the U.S. Supreme Court decided on commercial speech, two modern leafleteers-commercial marketing companies--seem to have found ... industry trends, business articles and survey research
RELATED NEWS
Florida Law Firms Protest Bar's Online Ad Rules
While the American Civil Liberties Union and other nonprofit legal groups have been declared exempt from a strict proposal for regulating lawyer websites, Florida's largest law firms are starting to band together to protest the regulations, largely on First Amendment grounds. Florida Bar letter to the ACLU . Facing protests, lawsuits and threats of more lawsuits from lawyers, The Florida Bar has postponed rules that were to take effect July 1. The Florida Supreme Court is allowing lawyers to file comments about the proposal by Aug. 16. The new rules would have barred online testimonials, summaries of case results and ... market trends, news research and surveys resources
Media, Humane Society of the US clash in free speech case
In a major decision concerning First Amendment rights, and in which major media organizations clashed with animal-rights groups such as the Humane Society of the U.S., the U.S. Supreme Court has tossed out a federal statute outlawing depictions of animal cruelty. In U.S. v. Stevens, the issue was not so much animal cruelty as it was its statutory definition, which, on an 8-1 vote, the justices said was constitutionally overbroad. The federal statute made it illegal "to knowingly create, sell or possess a depiction of animal cruelty with the intention of placing that depiction in interstate or foreign commerce for commercial ... market trends, news research and surveys resources

INFORMATION RESOURCES

Information on the Commercial Speech Doctrine (PDF) - "COMMERCIAL ...
S.Ct. 1817, 48 L.Ed.2d 346 (1976), the United States Supreme Court opined that commercial speech is entitled to some protection. Based on the public's right ... technology research, surveys study and trend statistics
Tobacco, Commercial Speech, and Libertarian Values: The End of the ...
The author is with the Program in the History and Ethics of Public Health and Medicine, Division of Sociomedical Sciences, Mailman School of Public Health, Columbia University, New York, NY. Requests for reprints should be sent to Ronald Bayer, PhD, Columbia University, 600 W 168th St, New York, NY 10032 (e-mail: rb8/at/columbia.edu ). In June of 2001, the Supreme Court overturned a set of antitobacco measures adopted by the state of Massachusetts designed to protect young people from advertising. Once again, the court expressed its hostility toward measures designed to restrict commercial speech in the name of the social good. ... technology research, surveys study and trend statistics
Government Regulation of Commercial Speech and the First Amendment
The Supreme Court for many years took the view that commercial speech--speech that proposes an economic transaction--was not protected by the First Amendment.  The Court reasoned that the broad powers of government to regulate commerce must reasonably include the power to regulate speech concerning articles of commerce.  This view changed in the 1970s in a series of cases invalidating state regulations affecting services such as abortion providers and products such drugs.  In Virginia State Board of Pharmacy (1976), for example, the Court struck down a law prohibiting the advertising of prices for ...
REAL TIME
SUPREME COURT ON COMMERCIAL SPEECH
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QUESTIONS AND ANSWERS
WikiAnswers - What is the distinction between the degrees of ...
In general, content-based restrictions on non-commercial speech are presumed to be unconstitutional, unless the government can meet the "strict scrutiny" standard articulated by the Supreme Court, meaning that it must show that there is a compelling government interest in restricting the speech, and the government is advancing this interest through the least restrictive means. Commercial speech is subject to more regulation, but it is still covered by the 1st Amendment. Generally, companies are entitled to advertise their products as they see fit, but the government can regulate who they market to (for example, banning ...
Questions on 'Civil Liberties: First Amendment Freedoms'? - Yahoo ...
...just hang in there a little while longer and the Obama Administration will have thrown out ALL those Rights and you won't have to concern yourself about them anymore ! ...Blind, dogmatic, neo Socialist. (Power to the Government !) Sign in to vote! 0 Rating: Good Answer 0 Rating: Bad Answer Report Abuse Sometimes none of the answers get it just right. If so, pick "No Best Answer". Voters DO NOT get any points for voting on the No Best Answer. Sign in to vote!