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Commercial v. Non-Commercial Speech

With the explosion of media, communications, and advertising channels and techniques, including e-commerce conduits and businesses, and the resources they offer employees and users, it is evermore difficult to figure out the difference between 'commercial' and 'non-commercial' speech. But finding the answer is extremely important, because it usually determines whether one is liable for consumer fraud and false advertising, and for right-of-publicity claims.

18 minute read March 26, 2007 at 02:31 PM
By
Barry M. Benjamin
Commercial v. Non-Commercial Speech

Imagine the following two scenarios, and try to figure out what the real difference is.

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