Constituional Law - First Amendment - Commercial Speech Falls within the Protections of First Amendment
No Thumbnail Available
Parmelee, Steven G.
INTRODUCTION|Among the rights protected from congressional interference by the first amendment of the United States Constitution is freedom of speech. Although the language of the first amendment appears absolute , decisions of the United States Supreme Court have made it clear that it is not. That the first amendment is not absolute creates a need to determine the extent to which government may regulate speech. Such a determination involves, in part, deciding whether the regulation itself is a regulation of the content of the speech, or a regulation of the time, place, and manner of its exercise. Content regulation is constitutionally permissible vis a vis two basic categories of expression. The first category involves speech excluded in totality from the protection of the first amendment, exemplified by such forms of expression as obscenity and libel. The second category is defined by the application of a clear and present danger test. In essence, content regulation in this instance...
10 Creighton L. Rev. 362 (1976-1977)
Creighton University School of Law