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Commercial Speech And Advertising

Full Video Transcript

Generally, commercial speech refers to communication that is intended to sell something. Advertising is commercial speech, for example, because it is the speaker’s intent to encourage customers to purchase something. The Supreme Court found that commercial speech, while protected by the First Amendment, is entitled to less protection than other kinds of speech. Advertising or commercial speech is generally protected by the First Amendment as long as it isn’t false or misleading. The government can regulate it, though, if it has an important interest in the subject matter, and regulations are narrowly tailored to achieve those interests. If you’re truthful in your advertising and the subject matter isn’t regulated by the government, then advertising is an effective and powerful way to communicate with your customers. Just make sure your advertising and marketing communications are in compliance with the law.

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