Retrospect and Prospect

Roger A. Shiner

in Freedom of Commercial Expression

Published in print November 2003 | ISBN: 9780198262619
Published online March 2012 | e-ISBN: 9780191682353 | DOI:
Retrospect and Prospect

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The U.S. Supreme Court decision in Virginia Board is central to the whole enterprise, in that not only the U.S. Supreme Court itself but courts in Canada, including the Supreme Court of Canada, and in Europe, took their cue as regards constitutional protection for freedom of commercial expression very much from that decision. There were some later differences. In the U.S., the development in Central Hudson of a formal step-wise procedure for assessing the constitutionality of restrictions on commercial speech was an important development. Courts in Canada and Europe developed doctrinal approaches that differed at the level of detail, in order to suit their particular interests. But all the same, the arguments used by the majority in Virginia Board to justify the extension of constitutional protection to commercial speech in that case are fundamentally arguments that are still used as justifications. The discussion of the case law located subsequent developments in the United States, and parallel developments in Canada and Europe in relation to Virginia Board.

Keywords: Supreme Court; United States; Canada; Europe; constitutional protection; commercial speech; case law

Chapter.  4339 words. 

Subjects: Human Rights and Immigration

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