Tuesday, August 30, 2016
Jonathan Adler, Case Western Reserve School of Law; PERC, is publishing Persistent Threats to Commercial Speech in volume 25 of the Journal of Law & Policy. Here is the abstract.
The current Supreme Court is very protective of speech, including commercial speech. Threats to commercial speech persist nonetheless. This paper, prepared for a symposium at Brooklyn Law School, examines two: 1) the use of commercial speech restrictions as a form of rent-seeking; 2) compelled commercial speech. Regulation of commercial speech protect is sometimes used to protect established corporate interests from competitors who are less able to bear the costs of regulation, with consequences that extend beyond the economic marketplace. In the case of commercial speech, courts have been unduly deferential to claims of a consumer “right to know” as a basis for mandated labeling and disclosure. Greater protection of commercial speech would be necessary to guard against these threats.
Download the article from SSRN at the link.