44 Liquormart v. Rhode Island (1996) advanced First Amendment protections
for commercial speech when it struck down a state law banning the
advertising of alcohol prices.
Commercial Speech Case Archives
Commercial speech is a form of protected communication under the First Amendment, but it does not receive as much free speech protection as forms of noncommercial speech, such as political speech.
One important test developed by the Court to determine protection for commercial speech is the Central Hudson test. With this test, courts determine how far the regulation of commercial speech can go before it runs afoul of the First Amendment.
If the speech is fraudulent or illegal, the government can freely regulate it without First Amendment constraints. If it is not, then the court must ask whether the asserted governmental interest is substantial. If both questions are answered yes, the court must determine whether the regulation directly advances the governmental interest asserted and whether it is more extensive than is necessary to serve that interest. If the regulation is narrowly tailored to secure the interest, then the regulation of the commercial speech will be upheld.
Following are several Supreme Court cases in which commercial speech under the First Amendment was at issue.
The Supreme Court on July 6, 2020, struck down a provision in a robocall
law that allowed government to use robocalls to collect debt, saying it was
an impermissible speech discrimination under the First Amendment. The Court
in Barr v. American Association of Political Consultants found the rule a
content-based exception.
Although parody, like satire, is generally recognized as protected speech under the First Amendment, the Supreme Court decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. ____ (2023), demonstrates that this is not always so when it comes to trademarking. The case, which was unanimously decided in an opinion written by