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Freedom of Commercial Expression$
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Roger A. Shiner

Print publication date: 2003

Print ISBN-13: 9780198262619

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198262619.001.0001

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Commercial Expression and the Self-realization Value

Commercial Expression and the Self-realization Value

(p.221) 11 Commercial Expression and the Self-realization Value
Freedom of Commercial Expression

Roger A. Shiner

Oxford University Press

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

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