May 2008

By Jonathan Bick

The U.S. Supreme Court created a bit of a problem when it ruled that commercial speech is entitled to limited First Amendment protection, but failed to clearly identify what commercial speech is. So, it often comes down to this: If a business elects to engage in a debate on important social issues, its principals — and counsel — have no way of knowing the level of constitutional protection that speech will receive. This issue is becoming especially important to owners of blogs.

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