Commercial speech, Marketplace of ideas, Compelling government interest, Point of view discrimination, Viewpoint discrimination
Constitutional Law | First Amendment
Adam Liptak, the legal affairs writer for The New York Times, moderates a lively discussion about commercial speech between three esteemed constitutional scholars: Professor Erwin Chemerinsky of Duke University School of Law; Professor Kathleen Sullivan of Stanford Law School; and Professor Steve Shiffrin of Cornell Law School. These scholars debate the proper definition of defining commercial speech, how the corporate identity of a speaker and the content of the speech determines the level of First Amendment protection, whether it is possible to demarcate commercial speech from political speech, and the problems of paternalism and viewpoint discrimination in this complex and conflicted area.
Collins, Ronald K.L.; Shiffrin, Steven H.; Chemerinsky, Erwin; and Sullivan, Kathleen M., "Thoughts on Commercial Speech: A Roundtable Discussion" (2007). Cornell Law Faculty Publications. Paper 1379.
Published in: Loyola of Los Angeles Law Review, vol. 41, no. 1 (Fall 2007).