CASE CITATION: Rubin v. Coors Brewing Co. (514 US 476), 1995
"The rules and principals of commercial law are of ancient origin. Throughout the centuries merchants engaged in trade and commerce have recognized customs and usages which regulate and control their conduct. Gradually over the years a body of law developed..." (Robert & Corley, 312) Commercial speech arose in 1942 when the Supreme Court announced that the First Amendment does not protect it. As the years went on, on the "Bicentennial of our Republic", the Courts position was reversed and they declared that the First Amendment protects commercial speech. But they court did say that commercial speech should receive less protection then noncommercial speech. That brings us to the definitions of commercial and noncommercial speech.
"Noncommercial speech, embodied in the phrases 'freedom of speech' and 'freedom of expression,' is entitled to virtually full first amendment protection; hence, the speaker is
granted considerable latitude in stating a position...Commercial speech is generally
considered to be communications that have the sale of a product or service as their
ultimate goal. Content regulation of commercial speech is allowed to prevent false,
deceptive, or misleading information from being transmitted"(Boedecker and Morgan, 1).
Some cases that have affected the First Amendment and Commercial speech are: Valentine v. Chrestensen (1942), the U.S. Supreme Court first declared that the Constitution placed no restraints on government regulation of commercial advertising. Until this time there wasn't anything that distinguished between commercial and noncommercial communications. Then in 1975 in Bigelow v. Virginia the court said that the, "the government cannot restrict advertising where the commercial activity itself is legal and further noted that the '...activity adverti...