Chapter

The Importance of Theory Determined

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/9780198262619.003.0018
The Importance of Theory Determined

More Like This

Show all results sharing this subject:

  • Human Rights and Immigration

GO

Show Summary Details

Preview

Theorists and courts have thought commercial expression or commercial speech to be covered by a principle of freedom of expression or freedom of speech in large part because commercial expression/speech is in the ordinary sense ‘expression-speech’. The primary values underlying a principle of freedom of expression or speech are the search for truth, democratic self-government, and individual autonomy and self-fulfilment. To claim the importance of commercial expression (and thus, the disvalue of regulating it) however, appeal is typically made to values like economic efficiency and consumer choice. This chapter pursues further the theme of the importance of theory. It presents three examples of purely commercial contexts that have been the subject of energetic debate recently are presented: tortious interference with contractual relations, the promotion of off-label uses of drugs, and the right of publicity.

Keywords: theory; commercial speech; freedom of speech; freedom of expression; tortious interference; right of publicity; contractual relations; drugs

Chapter.  13303 words. 

Subjects: Human Rights and Immigration

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.