Chapter

Hearers’ Rights

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/9780198262619.003.0021
Hearers’ Rights

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This chapter explores proposed justifications for the commercial expression doctrine based on the idea that the corporation whose expression is regulated or restricted has a derived autonomy right of some kind to constitutional protection for its commercial expression or commercial speech. It argues that any robust doctrine of hearers' rights must be constrained by what is termed the Unnecessary Duplication Principle, which argues that hearers' rights are of no normative value if all they do is justify the invalidation of a restriction on freedom of expression, the invalidation of which would in any case be justified by expressers' rights. It also looks at a number of court cases and discusses freedom of information, prisoners' rights under the First Amendment, the fairness doctrine, and the limited role of hearers' rights.

Keywords: Unnecessary Duplication Principle; autonomy right; commercial speech; commercial information; constitutional protection; freedom of expression; fairness doctrine

Chapter.  15212 words. 

Subjects: Human Rights and Immigration

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