– **In the United States**:
– Commercial speech is entitled to substantial First Amendment protection.
– The U.S. Supreme Court developed a four-part test in Central Hudson Gas & Electric Corp. v. Public Service Commission to assess commercial speech regulation.
– The test includes criteria like whether the speech concerns lawful activity and is not misleading.
– The government’s interest must be substantial, and the regulation should directly advance that interest.
– The regulation should not be more extensive than necessary to serve the interest.
– **History**:
– Until the 1976 case Virginia State Pharmacy Board v. Virginia Citizens Consumer Council, commercial speech was considered unprotected.
– The concept of commercial speech was introduced in 1942 in Valentine v. Chrestensen.
– Bigelow v. Virginia (1975) overturned the precedent set in 1942.
– The commercial speech doctrine was formulated in the 1976 Virginia State Pharmacy Board ruling.
– The Supreme Court has recognized commercial speech under the First Amendment, providing it with protection.
– **Criticism**:
– Justice Clarence Thomas questioned the differential treatment of commercial speech.
– Justice Antonin Scalia criticized the Central Hudson test.
– U.S. Court of Appeals judge Alex Kozinski criticized the 1942 Valentine v. Chrestensen ruling.
– **In the European Union**:
– The European Court of Human Rights protects commercial speech under Article 10 of the European Convention on Human Rights.
– Germany has strict rules on advertising and commercial speech to ensure fair competition.
– Significant cases in European law include Barthold v. Germany and Markt Intern Verlag GmbH v. Germany.
– **In South Africa**:
– Commercial speech falls under freedom of expression in South Africa.
In law, commercial speech is speech or writing on behalf of a business with the intent of earning revenue or a profit. It is economic in nature and usually attempts to persuade consumers to purchase the business's product or service. The Supreme Court of the United States defines commercial speech as speech that "proposes a commercial transaction".