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Vol 21 No 11 Nov/Dec 2016

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Freedom of Commercial Expression

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Roger ShinerEmeritus Professor, University of Alberta, USA

ISBN13: 9780198262619
ISBN: 0198262612
Published: March 2003
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £78.00



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The U.S. Supreme Court extended constitutional protection to commercial expression or speech in 1976. The European Court of Human Rights and the Supreme Court of Canada subsequently did likewise. Historically, however, as Chief Justice Rehnquist memorably remarked in dissenting from the 1976 decision, freedom of expression relates to public decision-making as to political, social, and other public issues, rather than the decision of a particular individual as to whether to purchase;one or another kind of shampoo. For all that, courts are now granting constitutional protection to the commercial advertizing of organizations such as tobacco manufacturers, breweries, and discount liquor stores.;In this book, Roger Shiner subjects to critical examination the history of and reasoning behind the extension to commercial expression of the principles of freedom of expression. He examines the institutional history of freedom of commercial expression as a constitutional doctrine, and argues that the history is one of ad hoc, not logical, development. In examining the arguments used in support of freedom of commercial expression, he shows that even from within the borders of liberal democratic;theory, constitutional protection for commercial expression is not philosophically justified. Commercial corporations cannot possess an original autonomy right to free expression. Moreover, the claim that there is a hearers' right to receive commercial expression which advertisers may borrow is;invalid. Freedom of commercial expression does not fit the best available models for hearers' rights. Regulation of commercial expression is not paternalistic. The free flow of commercial information is not automatically a good, and in any case commercial expression rarely in fact involves information.

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Subjects:
Human Rights and Civil Liberties, Commercial Law
Contents:
1. Introduction
THE CONTINGENCIES OF INSTITUTIONAL HISTORY
2. Commercial Speech in the United States 1900-76
3. Commercial Expression in the United States 1976 - 2002
4. Commercial Expression in Canada
5. Commercial Expression in Europe
6. Conclusion
THEORETICAL INTERLUDE
7. The Conceptual Background
8. The Importance of Theory Determined
0HE ARGUMENTS ASSESSED
9. Original Autonomy Rights
10. Hearers' Rights
11. Commercial Expression and the self-realization value
12. Autonomy, Paternalism, and Commercial Expression
13. The Free Flow of Commercial Information
14. Lifestyle Advertising and the Public Good
15. Retrospect and Prospect