Commercial speech is communication (primarily advertising and marketing) that proposes a commercial transaction. It is protected under the First Amendment but is subject to regulation to prevent misleading or harmful practices.
Commercial speech, which includes advertising goods and services, is considered less protected under the First Amendment than non-commercial speech due to its potential for deception.
Regulations must directly advance a substantial governmental interest and must not be more extensive than necessary.
Regulatory Environment: Subject to government regulations aimed at preventing false advertising and protecting consumers.
Legal Challenges: The subject of numerous legal challenges questioning the balance between regulation and freedom of speech.
A frequent misconception is that all commercial speech enjoys the same level of First Amendment protection as non-commercial speech. In fact, it is more regulated due to its commercial nature.
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Wayne State University School of Law
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