David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 3 (3):375 - 406 (1984)
Does commercial speech deserve the same freedom from governmental interference as do noncommercial forms of expression? Examination of this question forces a reappraisal of the grounds upon which freedom of expression rests. I urge an analysis of those grounds which founds freedom of speech upon the requirements of individual autonomy over against society. I then apply the autonomy analysis to commercial expression by examining the empirical features which distinguish commercial forms of expression. Some such features - e.g., triviality — have been cited by others as justification for limiting the freedom accorded commercial speech, but I reject the power of those features to limit freedom of expression. Instead, I identify three features of commercial expression which are relevant to the task: resiliency (coupled with potential for abuse), action-orientation, and intimate connection with conventional commercial structures. I discuss the implications of these features for legitimizing governmental restriction of freedom in commercial expression, with the general conclusion that such restriction must be more severely limited than is commonly thought.
|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
Boudewijn de Bruin (2008). Media Violence and Freedom of Speech: How to Use Empirical Data. [REVIEW] Ethical Theory and Moral Practice 11 (5):493-505.
Boudewijn De Bruin (2008). Media Violence and Freedom of Speech: How to Use Empirical Data. Ethical Theory and Moral Practice 11 (5):493-505.
Similar books and articles
Lawrence B. Solum (1989). Freedom of Communicative Action. Northwestern University Law Review 83 (1):54-135.
Re'em Segev (2001). Freedom of Expression Against Governmental Authorities. Israel Democracy Institute.
Corey Brettschneider (2010). When the State Speaks, What Should It Say? The Dilemmas of Freedom of Expression and Democratic Persuasion. Perspectives on Politics 8 (4):1005-1019.
David O. Brink (2001). Millian Principles, Freedom of Expression, and Hate Speech. Legal Theory 7 (2):119-157.
Bruce Barry (2007). The Cringing and The Craven. Business Ethics Quarterly 17 (2):263-296.
Jonathan Gilmore (2011). Expression as Realization: Speakers' Interests in Freedom of Speech. Law and Philosophy 30 (5):517-539.
Vaughana Macy Feary (1992). Taking the Right of Freedom of Commerical Communication Seriously. Journal of Business Ethics 11 (1):47 - 59.
Re'em Segev (2008). Freedom of Expression: Justifications & Restrictions. Israel Democracy Institute.
Added to index2009-01-28
Total downloads21 ( #185,330 of 1,911,412 )
Recent downloads (6 months)1 ( #455,910 of 1,911,412 )
How can I increase my downloads?