《传播伦理与法规》课件课件.pptVIP

商业性言论 Commercial Speech 商业性言论 宪法保护的言论自由是否包含商业性言论？ 言论自由条款是否适用于商业性言论？ 商业性言论应该比政治性言论（或者其他公益性言论）受到更多的限制吗？ Valentine v. Chrestensen (1942) This court has unequivocally held that the streets are proper places for the exercise of the freedom of communicating information and disseminating opinion and that… We are equally clear that the Constitution imposes no such restraint on government as respects purely commercial advertising. … the affixing of the protest against official conduct to the advertising circular was with the intent, and for the purpose, of evading the prohibition of the ordinance. If that evasion were successful, every merchant who desires to broadcast advertising leaflets in the streets need only append a civic appeal, or a moral platitude, to achieve immunity from the laws command. Virginia State Board of Pharmacy v. Virginia Citizens Council (1976) Commercial speech is not wholly outside the protection of the First and Fourteenth Amendments, and the Virginia statute is therefore invalid. That the advertisers interest in a commercial advertisement is purely economic does not disqualify him from protection under the First and Fourteenth Amendments. Both the individual consumer and society in general may have strong interests in the free flow of commercial information. “people will perceive their own best interests if only they are well enough informed and ... the best means to that end is to open the channels of communication, rather than to close them.” Virginia State Board of Pharmacy v. Virginia Citizens Council (1976) The ban on advertising prescription drug prices cannot be justified on the basis of the States interest in maintaining the professionalism of its licensed pharmacists… Whatever may be the bounds of time, place, and manner restrictions on commercial speech, they are plainly exceeded by the Virginia statute, which singles out speech of a particular content and seeks to prevent its dissemination completely. No claim is made that