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25/6/2009
First Amendment protects against government infringement
The First Amendment protects against government infringement  on “the right to speak freely and the right to refrain from speaking at all.”
In limited circumstances, however, courts have upheld the government’s ability to dictate the content of mandatory speech. This largely occurs in the commercial context. Under the commercial speech doctrine, the government’s “power to regulate commercial transactions justifies its concomitant power to regulate commercial speech that is ‘linked inextricably’ to those transactions.”
Thus, the government may require commercial speech to “appear in such a form, or include such additional information, warnings, and disclaimers, as are necessary to prevent its being deceptive.”
Because commercial speech receives a lower level of protection under the First Amendment, burdens imposed on it receive a lower level of scrutiny from the courts.
 Although the standard for assessing burdens on commercial speech has varied
The Supreme Court’s 78 bottom line is clear: the government must affirmatively demonstrate its means are narrowly tailored” to achieve a substantial government goal.
posted by cigarea at 01:12 | in: tobacco industry
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