David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
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)|
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.
Citations of this work BETA
No citations found.
Similar books and articles
David Braddon-Mitchell & Caroline West (2004). What is Free Speech? Journal of Political Philosophy 12 (4):437-460.
Susan Dwyer (2001). Free Speech. SATS: Northern European Journal of Philosophy 2 (2):80-97.
Lawrence B. Solum (1989). Freedom of Communicative Action. Northwestern University Law Review 83 (1):54-135.
Mary Lyn Stoll (2005). Corporate Rights to Free Speech? Journal of Business Ethics 58 (1-3):261 - 269.
Kenman L. Wong (1996). Tobacco Advertising and Children: The Limits of First Amendment Protection. [REVIEW] Journal of Business Ethics 15 (10):1051 - 1064.
Kenton F. Machina (1984). Freedom of Expression in Commerce. Law and Philosophy 3 (3):375 - 406.
Added to index2009-01-28
Total downloads6 ( #203,365 of 1,100,870 )
Recent downloads (6 months)5 ( #58,660 of 1,100,870 )
How can I increase my downloads?