Taking the right of freedom of commerical communication seriously

Journal of Business Ethics 11 (1):47 - 59 (1992)
Recent Supreme Court decisions have established second tier protection for commercial speech under the First Amendment by according it some, but not all, of the protections accorded ideological speech. The Court''s arguments closely parallel John Staurt Mill''s utilitarian arguments about liberty, liberty-limiting principles and trade in his classic essay,On Liberty, and hence are subject to the same defects as any utilitarian analysis and justification of a right. Recent philosophical apologies for the Court''s bifurcated approach to free speech are unpersuasive. Commercial speech protects fundamental interests. There are important connections between freedom of commercial speech and political and personal autonomy. It is possible to extend full protection to commercial speech, while simultaneously minimizing its potential for abuse. Such considerations provide compelling arguments for taking the right to freedom of commercial communication seriously by according it full First Amendment protection and by restricting it only when competing and over-riding rights claims, or weightier considerations of justice, can be adduced.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1007/BF00871991
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 15,974
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

15 ( #172,076 of 1,725,870 )

Recent downloads (6 months)

9 ( #72,206 of 1,725,870 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.