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In law, commercial speech is speech or writing on behalf of a business with the intent of earning revenue or a profit. It is economic in nature and usually attempts to persuade consumers to purchase the business's product or service. The Supreme Court of the United States defines commercial speech as speech that "proposes a commercial ...
On entry across borders, the government may bar non-citizens from the United States based on their speech, even if that speech would have been protected if said by a citizen. [84] Speech rules as to deportation, on the other hand, are unclear. [85] Lower courts are divided on the question, while the leading cases on the subject are from the Red ...
A non-commercial (also spelled noncommercial) activity is an activity that is not carried out in the interest of profit. [1] The opposite is commercial , something that primarily serves profit interests and is focused on business.
Unlike political speech, the Supreme Court does not afford commercial speech full protection under the First Amendment. To effectively distinguish commercial speech from other types of speech for purposes of litigation, the Court uses a list of four indicia: [245] The contents do "no more than propose a commercial transaction".
Blackmun further described how the court had whittled down the "commercial speech" exemption through past precedent; for example, Bigelow v. Virginia, [5] in which the Court struck down a Virginia statute prohibiting the advertisement of out-of-state abortion procedures. [6]
The decision effected identified that some commercial speech may have weaker First Amendment free speech protections than non-commercial speech and that states can compel such commercial speech to protect their interests; future cases have relied on the "Zauderer standard" to determine the constitutionality of state laws that compel commercial ...
Non-commercial entities that advertise more than consumer products or services include political parties, interest groups, religious organizations, and governmental agencies. Non-profit organizations may use free modes of persuasion, such as a public service announcement. Advertising may also help to reassure employees or shareholders that a ...
American Civil Liberties Union, stating that the indecency provisions were an unconstitutional abridgement of the First Amendment because they did not permit parents to decide for themselves what material was acceptable for their children, extended to non-commercial speech, and did not carefully define the words "indecent" and "offensive".