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[Download.HR65] Freedom of Commercial Expression (Law)

[Download.HR65] Freedom of Commercial Expression (Law)

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Book Details :
Published on: 2004-01-29
Released on:
Original language: English

The U.S. Supreme Court extended constitutional protection to commercial expression or speech in 1976. The European Court of Human Rights and the Supreme Court of Canada subsequently did likewise. Historically, however, as Chief Justice Rehnquist memorably remarked in dissenting from the 1976 decision, freedom of expression relates to public decision-making as to political, social, and other public issues, rather than the decision of a particular individual as to whether to purchase one or another kind of shampoo. For all that, courts are now granting constitutional protection to the commercial advertising of organizations such as tobacco manufacturers, breweries, and discount liquor stores.In this book, Roger Shiner subjects to critical examination the history of and reasoning behind the extension to commercial expression of the principles of freedom of expression. He examines the institutional history of freedom of commercial expression as a constitutional doctrine, and argues that the history is one of ad hoc, not logical, development. In examining the arguments used in support of freedom of commercial expression, he shows that even from within the borders of liberal democratic theory, constitutional protection for commercial expression is not philosophically justified. Commercial corporations cannot possess an original autonomy right to free expression. Moreover, the claim that there is a hearers' right to receive commercial expression which advertisers may borrow is invalid. Freedom of commercial expression does not fit the best available models for hearers' rights. Regulation of commercial expression is not paternalistic. The free flow of commercial information is not automatically a good, and in any case commercial expression rarely in fact involves information. 25. RESTRICTIONS ON FREEDOM OF EXPRESSION Collections Law Authors: Shane Simpson and Richard Potter [1] A. Introduction. The law restricts the freedom of expression in different ways. The most obvious are the laws against ... Article 10 Freedom of expression Liberty The right to freedom of expression is crucial in a democracy information and ideas help to inform political debate and are essential to public accountability and ... First Amendment to the United States Constitution - Wikipedia The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion ensuring that there is no ... Centre for Law and Democracy Raising a voice for ... Centre for Law and Democracy Raising a voice for: freedom of expression democracy right to information FOI freedom of information right to vote human rights ... Freedom of speech in the United States - Wikipedia In the United States freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the United States Constitution ... Freedom of expression legal definition of Freedom of ... Freedom of Speech. The right guaranteed by the First Amendment to the U.S. Constitution to express beliefs and ideas without unwarranted government restriction. Freedom of Expression Media Law and Defamation Freedom of Expression Media Law and Defamation A REFERENCE AND TRAINING MANUAL FOR EUROPE Media Legal Defence Initiative New Zealand Bill of Rights Act 1990 No 109 (as at 01 July ... Everyone has the right to freedom of expression including the freedom to seek receive and impart information and opinions of any kind in any form. Freedom of Speech legal definition of Freedom of Speech Freedom of Speech. The right guaranteed by the First Amendment to the U.S. Constitution to express beliefs and ideas without unwarranted government restriction. freedom of expression - Emory University School of Law Freedom of Expression in Russia as it Relates to Criticism of the Government Tatyana Beschastna Managing Editor Emory International Law Review; J.D. Candidate ...
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