All Academic, Inc. Research Logo

Info/CitationFAQResearchAll Academic Inc.
Document

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 4 Amendment and did not explain why commercial speech should receive less than full protection. 18 Bigelow v. Virginia: Commercial Speech Could Warrant Protection In Bigelow, 19 the State of Virginia challenged the legality of a newspaper ad 20 for abortions being performed in New York. Under Virginia law, it was a misdemeanor to encourage or prompt abortion through publication, lecture, advertisement, or circulation of a publication. The Court held that the ad was protected by the First Amendment since the speech was not purely commercial and "did more than simply propose a commercial transaction" and contained "factual material of clear public interest." 21 In spite of the ruling in Bigelow, the Court upheld the regulation from Valentine. It said that Valentine’s regulation was a time, place, and manner restriction, not an authoritative ruling for the proposition that all statutes regulating commercial advertising are immune from the constitutional challenge. 22 The question of whether the First Amendment applied to purely commercial speech was left unanswered until the following year. Virginia State Bd of Pharmacy v. Virginia Citizens Consumer Council, Inc.:Explicit First Amendment Protection Given to Commercial Speech The eight-to-one decision in Virginia Pharmacy is generally regarded as the closest the Court has come to extending full First Amendment protection to commercial speech. 23 Consumers of prescription drugs filed suit claiming Virginia’s statute prohibiting price advertising by pharmacists was unconstitutional. 24 The Pharmacy Board attempted to justify the ban as necessary to preserve the professional standards of pharmacists. 25 The Court rejected the justifications for the price ban and, in an opinion authored by Justice Blackmun, explored the theoretical justifications for affording commercial speech constitutional protection. According to Justice Blackmun, the fact that advertising is motivated by economic considerations is not in itself enough to prevent First Amendment application. 26 The Court recognized society’s strong interest in

Authors: Hollerbach, Karie.
first   previous   Page 4 of 31   next   last



background image
ICA 1-10808 4
Amendment and did not explain why commercial speech should receive less than full
protection.
18
Bigelow v. Virginia: Commercial Speech Could Warrant Protection
In Bigelow,
19
the State of Virginia challenged the legality of a newspaper ad
20
for
abortions being performed in New York. Under Virginia law, it was a misdemeanor to
encourage or prompt abortion through publication, lecture, advertisement, or circulation
of a publication. The Court held that the ad was protected by the First Amendment since
the speech was not purely commercial and "did more than simply propose a commercial
transaction" and contained "factual material of clear public interest."
21
In spite of the ruling in Bigelow, the Court upheld the regulation from Valentine.
It said that Valentine’s regulation was a time, place, and manner restriction, not an
authoritative ruling for the proposition that all statutes regulating commercial advertising
are immune from the constitutional challenge.
22
The question of whether the First
Amendment applied to purely commercial speech was left unanswered until the following
year.

Virginia State Bd of Pharmacy v. Virginia Citizens Consumer Council, Inc.
:
Explicit First Amendment Protection Given to Commercial Speech
The eight-to-one decision in Virginia Pharmacy is generally regarded as the
closest the Court has come to extending full First Amendment protection to commercial
speech.
23
Consumers of prescription drugs filed suit claiming Virginia’s statute
prohibiting price advertising by pharmacists was unconstitutional.
24
The Pharmacy Board
attempted to justify the ban as necessary to preserve the professional standards of
pharmacists.
25
The Court rejected the justifications for the price ban and, in an opinion
authored by Justice Blackmun, explored the theoretical justifications for affording
commercial speech constitutional protection. According to Justice Blackmun, the fact
that advertising is motivated by economic considerations is not in itself enough to prevent
First Amendment application.
26
The Court recognized society’s strong interest in


Convention
Convention is an application service for managing large or small academic conferences, annual meetings, and other types of events!
Submission - Custom fields, multiple submission types, tracks, audio visual, multiple upload formats, automatic conversion to pdf.
Review - Peer Review, Bulk reviewer assignment, bulk emails, ranking, z-score statistics, and multiple worksheets!
Reports - Many standard and custom reports generated while you wait. Print programs with participant indexes, event grids, and more!
Scheduling - Flexible and convenient grid scheduling within rooms and buildings. Conflict checking and advanced filtering.
Communication - Bulk email tools to help your administrators send reminders and responses. Use form letters, a message center, and much more!
Management - Search tools, duplicate people management, editing tools, submission transfers, many tools to manage a variety of conference management headaches!
Click here for more information.

first   previous   Page 4 of 31   next   last

©2012 All Academic, Inc.