Question

The Village of Glendale, Ohio, passed an ordinance that prohibited parking a vehicle on a public road for the purposes of displaying it for sale. Pagan, a resident of Glendale, did just that and, after being instructed to comply with the ordinance, filed suit against the Village of Glendale alleging that the ordinance was an unconstitutional infringement of his commercial speech rights under the First Amendment. The Glendale police chief’s affidavit expressed his opinion regarding public safety, but the Village of Glendale did not present any empirical data or research at trial to demonstrate how the restriction advances the government interest in improving public safety. Glendale contended that its ordinance satisfied the requirements under Central Hudson. The trial court dismissed Pagan’s claim, and the Sixth Circuit reversed, because there was not a sufficient nexus or connection between Glendale’s asserted regulatory interest (public safety) and the local ordinance. The court determined that the police chief’s affidavit identified the government’s interest in public safety, but did not establish how the Glendale ordinance directly and materially advances those interests.

Should commercial speech receive the same level of protection as political speech?

Answer 1

Should commercial speech receive the same level of protection as political speech?

Supreme Court defines commercial speech as speech which is mainly for commercial and the audience for the speech is potential consumers where the message content is for commercial purpose.

Commercial speeches are mainly ruled by supreme court and under First Amendment commercial speeches are entitled to have less protection than political or non commercial speeches.For political or non commercial speeches the speech contents are fully protected under First Amendment and the contents are strictly passed scrutiny.

Commercial speech contents are entirely prohibited under First Amendment so that any commercial speeches which is misleading or false content is not entitled for protection.

No intended protection for any speeches or ideas of contents in commercial speech because the other speaker can also deliver the same message or contents.

In case of political speech full protection for the contents and the speeches of political speakers. The contents or the expressions which is on government actions are intended to political speeches.