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Commercial Speech

Commercial Speech
I. Definition of Commercial Speech
A. In general, commercial speech is defined as a communication that proposes a commercial transaction, i.e., a specific offer to buy or sell a product (e.g., Virginia Pharmacy (prescription drugs)).
B. Speech that does not specifically propose a commercial transaction may still be considered commercial speech. Factors to consider (Bolger v. Youngs Drug Products): (1)appearance in an advertisement; (2)reference to a specific product; (3)reference to a product generically when speaker has strong market position; (4)economic motivation of speaker.
Note: mere fact that speech is made for an economic motive does not make it commercial speech (e.g., New York Times v. Sullivan).
C. Speech may still be "commercial" even if it includes references that "link the product to a current public debate." (Bolger)
II. Effect of Finding that Speech is "Commercial"
A. Commercial speech generally is entitled to limited...

Posted by: Gina Allred

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