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Constitutional Law

Commercial Speech and Expressive Conduct

Commercial Speech and Expressive Conduct

Learn about variations on the Supreme Court’s approach to the Free Speech Clause with respect to commercial speech and conduct that is not itself speech, but that is also part of an individual’s free expression of ideas.


Most restrictions on speech are either subjected to strict scrutiny or, if the speech is unprotected, no scrutiny at all. But for several categories of speech, the Supreme Court has compromised. For these types of speech, the Court has recognized that the speech should be protected but also that the government may have greater justification for interfering with some categories of speech over others. Restrictions on these forms of speech have thus been subjected to different forms of ...