Supreme Court Decisions and Freedom of Speech

This Note will analyze the Kasky v. Nike, Inc (hereafter Nike) case. The first part will cover the historical development of the commercial speech. The second part will analyze historical development of commercial speech. The analysis then will dissect the majority's view. Then there will be an analysis on the dissent thoughts. At the end, there will be a discussion on commercial speech. This discussion will analyze the social benefits of limiting commercial speech.

I Creation of Freedom of Commercial Speech

The importance of freedom of expression can be found in The United States Constit

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ceptive information is unacceptable. The majority does not entertain any other options or choices. It firmly believes that society does not tolerate deceptive information regardless of who the disseminator is and what type of economic sanctions may society bear if the disseminator stops its operation. In Bigelow, the Supreme Court holds, "Regardless of particular label asserted by the stateùwhether it calls speech 'commercial' or 'commercial advertising' or 'solicitation'ùa court may not escape the task of assessing the First Amendment interest at stake and weighing it against the public interest allegedly served by the regulation." Id., at 826. The Court derives its conclusion based on what the society is ready and willing to accept. If the society is ready to ignore the facts and accept the misleading information for economic gain, it will have carved a different interpretation to fit the demands of the society. Societal interest and willingness to accept change is a key factor when a decision is handed down. In Bigelow, the Court Holds. "Advertising, like all public expression, may be subject to reasonable regulation that serves a legitimate public interest." Id., at 826. The society does care about the economic benefit
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Approximate Word count = 5977
Approximate Pages = 24 (250 words per page)

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