|CITES BY TOPIC: commercial speech doctrine|
Commercial Speech (OFFSITE LINK)-authoritative memorandum of law
Black's Law Dictionary, Sixth Edition, page 271
Commercial speech doctrine. Speech that was categorized as "commercial" in nature (i.e. speech that advertised a product or service for profit or for business purpose) was formerly not afforded First Amendment freedom of speech protection, and as such could be freely regulated by statutes and ordinances. Valentine v. Chrestensen, 316 U.S. 52, 62 S.Ct. 920, 86 L.Ed. 1262. This doctrine, however, has been essentially abrogated. Pittsburgh Press Co. v. Pittsburgh Comm. on Human Rights, 413 U.S. 376, 93 S.Ct. 2553, 37 L.Ed.2d 669; Bigelow v. Virginia, 421 U.S. 809, 95 S.Ct. 2222, 44 L.Ed.2d 600; Virginia State Brd. of Pharmacy v. Virginia Citizen Council, 425 U.S. 748, 96 S.Ct. 1817, 48 L.Ed.2d 346.
We have defined commercial speech as:“expression related to the economic interests of the speaker and its audience, generally in the form of a commercial advertisement for the sale of goods and services.” U.S. Healthcare, Inc. v. Blue Cross of Greater Phila., 898 F.2d 914, 933 (3d. Cir.1990).
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