Protecting and Regulating Commercial Speech: Consumers Confront the First Amendment

Authors

Barbara Burnett

Abstract

Although courts have determined the necessity of regulating commercial speech, first amendment considerations also require commercial speech be accorded a certain amount of protection from regulation. Preventing false and deceptive advertising is the express goal of such regulation. The author suggests a functional analysis approach be applied to commercial speech to determine the extent of first amendment protection due. Functional analysis would break down commercial messages into those that are factually verifiable and those that are subjective. The author suggests this approach would be the first step to providing a standard by which messages may be evaluated for constitutional protection.

Recommended Citation

Barbara Burnett, Protecting and Regulating Commercial Speech: Consumers Confront the First Amendment, 5 UC Law SF Comm. & Ent. L.J. 637 (1983).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol5/iss4/1