Taylor's View of Assumptions and Accretion

The U.S. CONST. amend. I, ? 1., in relevant parts, provides, " congress shall make no law respecting an establishment? 'abridging the freedom of speech,' or of the press; or the skillful of the people?." This fundamental right burn down similarly be found in CAL. CONST. art. I ? 2(a)., which, in relevant parts, provides, "Every person may freely speak, write and publish his or her sentiments on all subjects, be responsible for the abuse of this right?." In its historical discipline of "commercial speech", the United soils Supreme court of law has also extended this right to commercial entities.

In Bigelow v. Virginia, 421 U.S. 809 (1976), an editor of Virginia paper was convicted in violation of Virginia statute. The statute made it a rape the sale or circulation of any publication to encourage or promote to obtain abortion. The Supreme Court held that, "Speech is non stripped of First Amendment protection merely because it appears in the act of a paid commercial advertisement, and the event that the advertisement in question had commercial aspect or reflected the advertiser's commercial occupy did not negate all First Amendment guarantees." Id., at 809. This was iodine of the earliest cases that the Court recognized "commercial speech."

In Virginia State table of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748 (1976), consumers of prescription drugs brought suit against the Virginia State Board of Pharmacy and its

Central Hudson throttle valve & Electric Corporation v. Public service commission of radical York, 447 U.S. 557 (1980).

In Leoni v. State Bar, 39 Cal. 3d 609 (1985), two lawyer made mass mailing of garners concerning debt problems. They claimed the content of the letter was trainingal. The State Bar of California reprimanded them under Rules of Professional conduction section 2-101(A) (1), which prohibits untrue statement in attorney letter. The information was found to be untrue since all the fees were not right on disclosed in the letter. The attorneys claimed that the information was for noncommercial purposes. The California Court of appeal held that, "The government may ban forms of communication more than likely to deceive the public than to inform it." Id., at 625.

In this case the attorneys did not fully disclose the future fees that was exit to be involved. This information was sent out on to either just inform the public or solicit business. The fact remains that it was deceptive. If it is deceptive information then at that place should be no exception to receive commercial speech protection. This is in line with Nike's case. The company did deliver deceptive information to the public. found on the above quotation, the government is not willing to sustain any type of protection to deceptive information.

One question that may arise is that why the courts have less(prenominal) adoption for deceptive and misleading speech. The majority as well as other courts appear to find that 1) commercial speech can be easily verified, 2) it has profit motive behind it, and 3) there is governmental control. As it can be seen, there are several factors that when they are put together, it gives commercial speech less protection. Above all, the information that is disseminated by a commercial entity has the hazard to be verified. In other words, checks and balances come into play originally the information is released. Therefore, if the released information is discovered to be untrue or misleadi
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