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Blogs Are Afforded Unequal Protection

By Jonathan Bick
April 30, 2008
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.

Blogs are economical and accessible, requiring only a computer, Internet access and, perhaps, a blogging program. A recent Gallup poll found that tens of millions of American Internet users read blogs daily. Whether a blog is offered for enjoyment or profit determines its author's duty to comply with commercial regulations and liability for defamation as commercial speech.

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