Concept Week 12

Right to free speech: Difference between protections for political vs. commercial speech

Freedom of speech, that is the right that is given to the American people by the first constitution. It is the right that every person that is born under the American flag has the chance to express their beliefs and ideas to the world around them without unwarranted government restriction. But even though we have that said right it does not apply to all types. Let us take commercial speech for example, commercial speech is usually a form of advertising  and in turn it shows SOME of the First Amendment protection. The reason being that the First Amendment does in turn protect commercial speech that is not false or misleading and that obeys the law. Now political speech on the other hand is a different story. Political speech is one of the most protected pieces of speech to this date. The reasons being is that it is always carefully analysed to a key and just about everyone that has a political state in the nation wishes to speak their mind about the opinions at hand.



I personally love Abraham Lincoln’s Gettysburg Address speech, and I am unsure it it pertains to this topic but the way that he held it together along with it being one of the shortest speeches with such an impact on the nation.

Commercial speech will be protected by the First Amendment if (1) it concerns lawful activity and is not misleading; (2) the asserted government interest is not substantial; (3) the regulation does not directly advance the asserted governmental interest; and (4) the regulation is more extensive than is necessary to serve that interest. Prime example would be the U.S. Supreme Court has struck down bans on drug advertising.


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