Commercial Expression and the Self-realization Value

Roger A. Shiner

in Freedom of Commercial Expression

Published in print November 2003 | ISBN: 9780198262619
Published online March 2012 | e-ISBN: 9780191682353 | DOI:
Commercial Expression and the Self-realization Value

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Constitutional protection for the commercial expression of corporate expressers is ultimately underwritten from the point of view of normative political morality by the hearer's original autonomy right. Two of the eight theses advanced by the U.S. Supreme Court in Virginia Board implicate the autonomy of hearer-argument: the ‘keener by far’ argument and the anti-paternalism argument. These arguments, if sound, would supply the still unsatisfied justificatory need for the commercial expression doctrine. That is, they would confirm the existence of a specific kind of right belonging to hearers within the paradigm of autonomy, such that this specific autonomy right could possibly be ‘borrowed’ by a corporate expresser to justify constitutional protection for its own commercial expression. The ‘keener by far’ argument is one of two versions of an argument for hearers' rights, both of which attach great importance to a ‘free flow of commercial information’. The free flow of commercial information is assumed to be a good because it promotes utility, not autonomy.

Keywords: constitutional protection; autonomy right; commercial information; autonomy; utility; corporate expressers

Chapter.  9049 words. 

Subjects: Human Rights and Immigration

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