Chapter

Introduction

Roger A. Shiner

in Freedom of Commercial Expression

Published in print November 2003 | ISBN: 9780198262619
Published online March 2012 | e-ISBN: 9780191682353 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262619.003.0009
Introduction

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This book is concerned with the commercial expression doctrine or the commercial speech doctrine. This doctrine is the thesis that so-called commercial expression (commercial advertising, for example) deserves the same, or sufficiently similar, constitutional protection as any other form of constitutionally protected expression or speech, because it serves essentially the same purpose in essentially the same way. The argument that a certain activity should receive constitutional protection is, crudely speaking, an argument within normative political morality that the activity at issue is so important to human flourishing that not even legitimate government should be allowed to restrict its pursuit. This book examines commercial speech in the United States for the periods 1900–76 and 1976–2002, as well as commercial expression in Canada and Europe. Autonomy rights, hearers' rights, autonomy, paternalism, free flow of commercial information, and lifestyle advertising and the public good are also discussed.

Keywords: United States; Canada; Europe; commercial expression; commercial speech; autonomy; advertising; public good; constitutional protection

Chapter.  10792 words. 

Subjects: Human Rights and Immigration

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