Commercial Speech

Definition

Speech that advertises a product or service. It is protected by the First Amendment, but less strongly than political speech, so the government can ban false or misleading ads.

Example

In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (1976), the Supreme Court ruled that a state could not ban pharmacists from advertising drug prices.

 

Questions

  1. Define commercial speech.

  2. Explain why commercial speech receives less protection than political speech.

  3. Describe one kind of advertising the government is allowed to restrict.

  4. Explain the outcome of Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council.

  5. Explain how the government balances free speech with consumer protection.

  6. Identify the amendment that protects commercial speech.

  7. Describe how social media advertising raises new questions about commercial speech.

  8. Should the government be allowed to restrict ads aimed at teenagers? Explain.

  9. What emoji would do a good job of expressing the concept commercial speech?

  10. Translate commercial speech into plain English.

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw commercial speech! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.


Further Review

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Baker v. Carr (1962)