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Expression Here and Abroad: A Comparative Analysis of the U.S. Supreme Court's and the European Court of Human Rights' Commercial Speech Doctrines

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Abstract:

This paper explores the similarities and differences between the United States Supreme Court's and the European Court of Human Rights' interpretations and applications of their respective commercial speech doctrines. Both the Supreme Court and the European Court of Human Rights use multi-step evaluations where a negative response to one of the questions results in a dismissal of the commercial speech restriction. Thus, the application method of how both judicial bodies evaluate commercial speech restrictions is remarkably similar. Both courts consider the legitimacy of the restriction as well as the necessity of the restriction as the most prudent manner to pursue the stated aim. Two crucial characteristics of the European Court's approach distinguish its decisions: commercial speech has always received full protection and the criteria for determining if commercial speech could be legally restricted are found in the written articles regarding expression.

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court (172), commerci (133), speech (112), id (88), restrict (71), european (64), articl (62), state (60), case (57), test (57), 10 (56), advertis (54), protect (51), justic (51), right (46), 1 (46), v (39), first (35), hudson (32), central (32), public (32),

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commercial speech doctrines
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Name: International Communication Association
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MLA Citation:

Hollerbach, Karie. "Expression Here and Abroad: A Comparative Analysis of the U.S. Supreme Court's and the European Court of Human Rights' Commercial Speech Doctrines" Paper presented at the annual meeting of the International Communication Association, Marriott Hotel, San Diego, CA, May 27, 2003 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p111960_index.html>

APA Citation:

Hollerbach, K. L. , 2003-05-27 "Expression Here and Abroad: A Comparative Analysis of the U.S. Supreme Court's and the European Court of Human Rights' Commercial Speech Doctrines" Paper presented at the annual meeting of the International Communication Association, Marriott Hotel, San Diego, CA Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p111960_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This paper explores the similarities and differences between the United States Supreme Court's and the European Court of Human Rights' interpretations and applications of their respective commercial speech doctrines. Both the Supreme Court and the European Court of Human Rights use multi-step evaluations where a negative response to one of the questions results in a dismissal of the commercial speech restriction. Thus, the application method of how both judicial bodies evaluate commercial speech restrictions is remarkably similar. Both courts consider the legitimacy of the restriction as well as the necessity of the restriction as the most prudent manner to pursue the stated aim. Two crucial characteristics of the European Court's approach distinguish its decisions: commercial speech has always received full protection and the criteria for determining if commercial speech could be legally restricted are found in the written articles regarding expression.

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Document Type: .PDF
Page count: 31
Word count: 9915
Text sample:
ICA 1-10808 1 Expression Here and Abroad: A Comparative Analysis of the United States Supreme Court’s and the European Court of Human Rights’ Commercial Speech Doctrines Introduction The United States Supreme Court has spent nearly twenty-seven years crafting a commercial speech doctrine in an attempt to satisfy both the members of the Supreme Court and the public as to what the appropriate level and method of protection is for expression of a commercial nature. Recent cases1 have demonstrated that
Eur Ct. H.R. HUDOC 24699/94 at http://hudoc.echr.coe.int. 150 Id at 3 of 16. 151 Id. 152 Id at 10 of 16. 153 Id at 12 of 16. 154 Id at 13 of 16. 155 Id. 156 Casado Coca v. Spain 1994 Eur Ct. H.R. HUDOC 15450/89 at http://hudoc.echr.coe.int. at 13 of 19. 157 See The European Court of Human Rights historical background/organization & procedure at http://www.echr.coe.int. ICA 1-10808 31 158 Id. 159 Id. 160 Although Justice Thomas has changed


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