Commercial Speech


Commercial speech, such as advertisments, has been ruled by the Supreme Court to be entitled to less protection under the First Amendment than noncommerical speech. Under the First Amendment, noncommercial speech is entitled to full protection, and any sort of content-based regulation is only valid if it can withstand strict scrutiny. However, commerical speech is not given such deference. For a content-based regulation of commercial speech to be valid, it only must withstand intermediate scrutiny.

Additionally, commercial speech that is false or misleading is not entitled to any protection under the First Amendment, and therefore can be prohibited entirely.