Persistent Threats to Commercial Speech

25 Journal of Law & Policy, Forthcoming

Case Legal Studies Research Paper No. 2016-29

23 Pages Posted: 19 Aug 2016

See all articles by Jonathan H. Adler

Jonathan H. Adler

Case Western Reserve University School of Law; PERC - Property and Environment Research Center

Date Written: August 18, 2016

Abstract

The current Supreme Court is very protective of speech, including commercial speech. Threats to commercial speech persist nonetheless. This paper, prepared for a symposium at Brooklyn Law School, examines two: 1) the use of commercial speech restrictions as a form of rent-seeking; 2) compelled commercial speech. Regulation of commercial speech protect is sometimes used to protect established corporate interests from competitors who are less able to bear the costs of regulation, with consequences that extend beyond the economic marketplace. In the case of commercial speech, courts have been unduly deferential to claims of a consumer “right to know” as a basis for mandated labeling and disclosure. Greater protection of commercial speech would be necessary to guard against these threats.

Keywords: Commercial Speech, First Amendment, Compelled Speech, Compelled Commercial Speech, Rent Seeking

JEL Classification: K23

Suggested Citation

Adler, Jonathan H., Persistent Threats to Commercial Speech (August 18, 2016). 25 Journal of Law & Policy, Forthcoming, Case Legal Studies Research Paper No. 2016-29, Available at SSRN: https://ssrn.com/abstract=2826105

Jonathan H. Adler (Contact Author)

Case Western Reserve University School of Law ( email )

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