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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
Unformatted Document Text:  ICA 1-10808 26 1 44 Liquormart, Inc. v. Rhode Island, 116 S. Ct. 1495 (1996); Greater New Orleans Broadcasting Ass’n v. United States, 119 S. Ct. 1923 (1999); Lorillard Tobacco Co. etal v. Reilly, Attorney General of Massachusetts etal., No. 00596, 2001 S. Ct., at FindLaw, http://www.findlaw.com 2 Originally, the other entities were the Committee of Ministers and the European Commission of Human Rights. However, the restructuring of the European Court began in 1994 with the introduction of Protocol No. 11. Following its ratification by all 41 member states, the European Commission was phased out as the clearing house for petitioners’ cases and any contracting state or individual could, as of 1998, lodge a complaint directly with the European Court. 3 The ECHR regulates the relationship between the individual and the state. It gives the individual an expansive list of rights, some of which are similar to rights found in the U.S. Bill of Rights. See Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11 http://conventions.coe.int/treaty/EN/Treaties/html 4 See Sean Costello, Strange Brew: The State of Commercial Speech Jurisprudence Before and After 44 Liquormart Inc. v. Rhode Island, 47 Case Western Reserve L. Rev. 681 (1997). 5 Virginia State Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U. S. 748 (1976). 6 Id at 771-72 (stating that "commonsense differences" between commercial speech and non-commercial speech dictate that commercial speech receive less protection than other forms of protected speech). 7 Central Hudson Gas & Electric Corp. v. Public Service Comm'n of N.Y., 447 U.S. 557 (1980). 8 Id at 566. 9 See Michael Field, On Tap, 44 Liquormart, Inc. v. Rhode Island: Last Call for the Commercial Speech Doctrine, 2 Roger Williams U. L. Rev. 57 (1996). 10 Posadas de P.R. Assoc. v. Tourism Co. of P.R., 478 U.S. 328 (1986). 11 Edenfield v. Fane, 507 U.S. 761 (1993), (stating that the third prong of the test cannot be satisfied by speculation or conjecture). 12 Costello, supra note 7, at 689 n.36. 13 316 U.S. 52 (1942). 14 Id at 52. 15 Id at 52. 16 Id at 55. 17 Id at 54. 18 Field, supra note 12, at 64 n41. 19 Bigelow v. Virginia, 421 U.S. 809 (1975). 20 The ad read: Unwanted pregnancy/Let us help you/ Abortions are now legal in New York. There are no residency requirements. For immediate placement in accredited hospitals and clinics at low cost, contact women's pavilion. Id at 812. 21 Id at 822. 22 Virginia State Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. at 759, (1976).

Authors: Hollerbach, Karie.
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ICA 1-10808 26
1
44 Liquormart, Inc. v. Rhode Island, 116 S. Ct. 1495 (1996); Greater New
Orleans Broadcasting Ass’n v. United States, 119 S. Ct. 1923 (1999); Lorillard Tobacco
Co. etal v. Reilly, Attorney General of Massachusetts etal., No. 00596, 2001 S. Ct., at
FindLaw, http://www.findlaw.com
2
Originally, the other entities were the Committee of Ministers and the European
Commission of Human Rights. However, the restructuring of the European Court began
in 1994 with the introduction of Protocol No. 11. Following its ratification by all 41
member states, the European Commission was phased out as the clearing house for
petitioners’ cases and any contracting state or individual could, as of 1998, lodge a
complaint directly with the European Court.
3
The ECHR regulates the relationship between the individual and the state. It
gives the individual an expansive list of rights, some of which are similar to rights found
in the U.S. Bill of Rights. See Convention for the Protection of Human Rights and
Fundamental Freedoms as amended by Protocol No. 11
http://conventions.coe.int/treaty/EN/Treaties/html
4
See Sean Costello, Strange Brew: The State of Commercial Speech
Jurisprudence Before and After 44 Liquormart Inc. v. Rhode Island, 47 Case Western
Reserve L. Rev. 681 (1997).
5
Virginia State Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425
U. S. 748 (1976).
6
Id at 771-72 (stating that "commonsense differences" between commercial
speech and non-commercial speech dictate that commercial speech receive less protection
than other forms of protected speech).
7
Central Hudson Gas & Electric Corp. v. Public Service Comm'n of N.Y., 447
U.S. 557 (1980).
8
Id at 566.
9
See Michael Field, On Tap, 44 Liquormart, Inc. v. Rhode Island: Last Call for
the Commercial Speech Doctrine, 2 Roger Williams U. L. Rev. 57 (1996).
10
Posadas de P.R. Assoc. v. Tourism Co. of P.R., 478 U.S. 328 (1986).
11
Edenfield v. Fane, 507 U.S. 761 (1993), (stating that the third prong of the test
cannot be satisfied by speculation or conjecture).
12
Costello, supra note 7, at 689 n.36.
13
316 U.S. 52 (1942).
14
Id at 52.
15
Id at 52.
16
Id at 55.
17
Id at 54.
18
Field, supra note 12, at 64 n41.
19
Bigelow v. Virginia, 421 U.S. 809 (1975).
20
The ad read: Unwanted pregnancy/Let us help you/ Abortions are now legal in
New York. There are no residency requirements. For immediate placement in accredited
hospitals and clinics at low cost, contact women's pavilion. Id at 812.
21
Id at 822.
22
Virginia State Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425
U.S. at 759, (1976).


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