Reference

Major Supreme Court Cases Impacting Commercial Advertising and Speech

Several Supreme Court cases have significantly influenced the legal landscape of commercial advertising and speech, particularly in relation to the First Amendment. Here are some notable cases:

1. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (1976)
   This case established that commercial speech is protected under the First Amendment. The Court held that a state could not completely suppress commercial speech, such as advertisements for prescription drug prices, as the public has a strong interest in the free flow of commercial information.

   

2. Central Hudson Gas & Electric Corp. v. Public Service Commission (1980)
   This decision introduced a four-part test, known as the Central Hudson test, for assessing commercial speech restrictions. It is used to determine when restrictions on commercial speech may be justified.

   

3. 44 Liquormart, Inc. v. Rhode Island (1996)
   The Court struck down a Rhode Island law that banned the advertising of alcohol prices, ruling that it violated the First Amendment's protection of commercial speech.

   

4. Sorrell v. IMS Health Inc. (2011)
   This case involved a law that restricted the sale, disclosure, and use of pharmacy records for marketing. The Supreme Court found that the law imposed content- and speaker-based restrictions on sales and marketing, thus violating the First Amendment.

   

5. Citizens United v. Federal Election Commission (2010)
   While primarily recognized for its impact on political speech and campaign finance, this case also affected corporate speech more broadly, establishing that corporations have the right to engage in public discourse under the First Amendment.

   

These cases demonstrate the evolving nature of commercial speech protections and the ongoing balancing act between regulation and free expression.

For more detailed information on these cases, you can refer to resources like the First Amendment Encyclopedia and Oyez.