Wednesday, September 21, 2005
Troy Booher, Department of Political Science and Department of Philosophy, University of Utah, has published a paper on commercial speech in the SSRN series. It is also being published in volume 15 of George Mason University's Civil Rights Law Journal. Here is the abstract.
Commercial speech continues to be formally distinguished from noncommercial speech under the First Amendment. However, a careful analysis of the development of commercial speech doctrine reveals that formally abandoning the distinction is merely the natural extension of, if not entailed by, commercial speech jurisprudence already in place. I argue that when we carefully examine what appear to be disagreements over levels of scrutiny, we can see that they are really disagreements over what constitutes a compelling state interest in the commercial speech context.
Download the complete paper here.