ADV 3008 Lecture Notes - Lecture 5: Imminent Lawless Action, Commercial Speech, Child Pornography

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The only time you need the first amendment is only if you say unpopular and despicable things. Is commercial protected: valentine v christensen, 1942, chrestensen distributed handbills promoting sub tours, chief of police valentine said: politics yes, advertising no. Is christe(cid:374)se(cid:374)"s spee(cid:272)h prote(cid:272)ted for the first a(cid:373)e(cid:374)d(cid:373)e(cid:374)t: christensen sued, decision, court de(cid:272)ided that (cid:862)purel(cid:455) (cid:272)o(cid:373)(cid:373)er(cid:272)ial ad(cid:448)ertisi(cid:374)g is not. Protected: why, advertising is not as important as political speech, free speech was directed at strong political views, when the amendment was written, they did not take advertising and commerce in mind, not protection for commercial speech. It is harder to chill advertising, which has a strong profit motive: people will keep pushing the envelope, political speech is easier to suppress because it is(cid:374)"t as (cid:272)o(cid:373)(cid:373)o(cid:374) as (cid:272)o(cid:373)(cid:373)er(cid:272)ial, ny times v sullivan. Issue: are non-commercial ads protected by the 1st amendment: facts, 1964, nt times ran a civil rights ad complaining about montgomery. Issue: why are tobacco ads censored: health crisis, facts.

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