Mejo 341 midterm 2 professor Spencer

what is commercial speech?

sometime that does no more than propose a commercial transaction

what kind of protection does commercial speech receive?

first amendment, less than core political speech

what does commercial speech concern?

economic interests of the speaker and its audience

what is the key case in commercial speech?

Virginia state board of pharmacy v Virginia citizens consumer council (1976)

what are some important edge rules about commercial speech?

not all speech by business is commercial, editorials, advocacy, commentary, and political messaging by corporations may be noncommercial speech, charitable solicitation is not treated as ordinary commercial speech in the same way as standard product advertising, a court looks at context, and function not labels alone

what is the bottom line of commercial speech

start with whether is proposes a commercial transaction, then evaluate context, product reference, and economic motivation. Bolger guides analysis, but classification always depends on the full context

basic commercial speech identification factors

proposing commercial transaction, advertising or promotional in character, refers to a specific product or service, speaker motivated at least in part by economic gain

how many identification factors make something commercial speech?

multiple, or a combination of a few

what is the first Bolger factors of commercial speech

advertising format - does it look like an ad, promotion, marketing piece, or solicitation?

second Bolger factor

reference to a specific product or service: does it identify, promote or discuss a particular product, service, or commercial offering?

third Bolger factor when determining commercial speech

economic motivation: does the speaker have a profit motive or business interest in the communication?

how many Bolger factors do you need to prove commercial speech?

a combination of all three, no one alone automatically controls

what are the bolger factors?

advertising format, reference to a specific product or service, economic motivation

what is the first part of the central Hudson test?

is the speech about lawful activity and not misleading?

what is the second part of the central Hudson test?

is the government interest substantial?

what is the third part of the central Hudson test?

does the regulation directly advance government interest?

what is the fourth part of the central Hudson test?

is the regulation not more extensive than necessary?

what are the four parts of the central Hudson test?

about lawful activity and not misleading, substantial government interest, regulation directly advances government interest, regulation not more extensive than necessary

what is commercial speech?

expression that proposes a commercial transaction or otherwise communicates truthful information about lawful products or services

what kind of protection does commercial speech receive?

first amendment protection, less than core political speech

what can the government regulate in terms of commercial speech?

false or misleading advertising, commercial speech concerning illegal activity, some (time, place and manner) style restrictions that satisfy applicable doctrine, carefully tailored restrictions that satisfy Central Hudson

what may the government regulate and not?

restrict to prevent deception and protect legitimate interests, but not to suppress truthful information about lawful activity

what does the commercial speech doctrine protect?

the truthful flow of market information

what does the commercial speech not protect regarding the government regulation?

to keep consumers in the dark by suppressing truthful information about lawful products or services

Three prongs of Central Hudson Test

is the government interest substatial, does the regulation directly advance that interest, is the regulation not more extensive than necessary

Hudson test post sorrell

why are alcohol ads regulated?

substance treated as vice, justified by temperance, health and safety, etc

Core elements of defamation

false statement of fact, of and concerning the plaintiff, publication to a third party, faulty by the defendant, damage to reputation (subject to constitutional and common-law limits)

defamation

false statement of fact about the plaintiff, published to a third person, that harms reputation

what does defamation law balance

protection of reputation with freedom of speech and press