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The Adversary First AmendmentFree Expression and the Foundations of American Democracy$
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Martin H. Redish

Print publication date: 2013

Print ISBN-13: 9780804772150

Published to Stanford Scholarship Online: September 2013

DOI: 10.11126/stanford/9780804772150.001.0001

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Commercial Speech and the Twilight Zone of Viewpoint Discrimination

Commercial Speech and the Twilight Zone of Viewpoint Discrimination

(p.75) CHAPTER FOUR Commercial Speech and the Twilight Zone of Viewpoint Discrimination
The Adversary First Amendment

Martin H. Redish

Stanford University Press

This chapter applies the theory of adversary democracy to a concrete area of First Amendment doctrine, commercial speech. It explains how the communitarian theorists' rejection of protection of commercial speech because of the inherent profit motivation of the speaker represents an unprincipled application of their theory because they normally protect substantial bodies of expression motivated by concerns of personal gain.

Keywords:   commercial speech, commercial advertising protection, supreme court, government suppression of expression, commercial speech censorship, viewpoint discrimination

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