Commercial speech is defined as “speech done on behalf of a company or individual for the intent of making a profit. It is economic in nature and usually has the intent of convincing the audience to partake in a particular action, often purchasing a specific product” (Wikipedia). Commercial speech has been ruled by the Supreme Court to be less entitled to protection under the First Amendment than noncommercial speech (LIU). Because it is so influential in nature, commercial speech that is deemed “false or misleading” in any way is not guaranteed to any protection under the First Amendment (LIU). Significant cases concerning commercial speech include Valentine v. Chrestensen and Ohlarik v. Ohio State Bar Association, during which the Supreme Court ruled that the Board of Ohio Supreme Court ban on in-person solicitations did not violate an attorney’s First or Fourteenth Amendment rights.
This report includes four cases for which commercial speech is the key legal issue at play.
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