Jump to ContentJump to Main Navigation
Freedom of Speech$
Users without a subscription are not able to see the full content.

Eric Barendt

Print publication date: 2007

Print ISBN-13: 9780199225811

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199225811.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 November 2019

Commercial Speech

Commercial Speech

Chapter:
(p.392) XI Commercial Speech
Source:
Freedom of Speech
Author(s):

ERIC BARENDT

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199225811.003.0011

This chapter argues that the case for free speech coverage of commercial speech in general, and advertising in particular, is weak. The best argument derives from the interests of consumers in product information, coupled with the disinclination, in this area as in others, to exclude from coverage communications that convey a meaning. After considering the arguments for the coverage of commercial speech by freedom of expression, the chapter looks at some types of advertising regulation, focusing on the protection of advertising, the quintessential type of commercial speech. Tobacco advertising is also examined, along with whether commercial speech should be covered by free speech clauses; the public interest in the free flow of commercial information; and paternalism (the attempt to prevent consumers from buying drugs from low-cost, low-quality pharmacies in order to keep high-quality pharmacists in business).

Keywords:   commercial speech, free speech, freedom of expression, commercial information, consumers, public interest, advertising, tobacco advertising, paternalism, regulation

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .