Reseña de A New Architecture of Commercial Speech Law.

A New Architecture of Commercial Speech Law. de Harvard Journal of Law & Public Policy Resumen del Libro

INTRODUCTION The commercial speech component of First Amendment doctrine is frequently considered an area in need of reform, and possibly even of demolition. The reasons advanced for protecting commercial speech often seem obscure. The Supreme Court, in a series of confusing and sometimes inconsistent opinions, (1) has not been very helpful in explaining such justifications. This Article offers a systematic defense of why commercial speech is deserving of First Amendment protection and how, with minimal doctrinal change, commercial speech law can be simplified and made coherent. Part I outlines the difficulties the Court has had in this area and explains why the question of justification for constitutional protection remains salient more than thirty years after constitutional protection for commercial speech first began.

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