SECOND EXAM STUDY GUIDE:

Commercial Speech

• Gower: pp. 29-33
  • How has the U.S. Supreme Court defined commercial speech?
     
    
  • PR professionals would prefer to have their materials considered what? Why?
     
    
  • How do PR materials avoid the first definition of commercial speech?
     
    
  • Do PR materials fall under the second definition of commercial speech?
     
    
  • Bolger v. Youngs Drug Products Corp. (1983)
    • What were the facts of the case?
    • What was the U.S. Supreme Court's entire reasoning for finding the material to be commercial speech? (Three reasons. Plus the Court's concern.)

• Gower: pp. 31-33, 36 / Senat: p. 211 / USSC & Commercial Speech
  • Understand the three reasons for granting less First Amendment protection to commercial speech.
     
    
  • Explain how and why the level of First Amendment protection for commercial speech has changed in the cases.
    
     
    
    • Valentine v. Chrestensen (1942)
    • Times v. Sullivan (1964)
    • Virginia State Board of Pharmacy v. Virginia Citizens Council (1976)
    • Central Hudson Gas & Electric Co. v. Public Service Commission of New York (1980)
    • SUNY v. Fox (1989)
    • Posadas de Puerto Rico v. Puerto Rican Tourism Co. (1986)
    • 44 Liquormart, Inc. v. Rhode Island (1996)
    • Greater New Orleans Broadcasting Association v. United States (1999)