David
Hudson serves as an attorney for the First Amendment Center at
Vanderbilt University in Nashville, Tennessee. The Center, which
is funded by the Freedom Forum, seeks to foster a greater public
understanding and appreciation for First Amendment rights and
values. Hudson writes for the Freedom Forum's online publication,
The Freedom Forum Online, and other leading publications devoted
to First Amendment issues. He
contributes regularly to the American Bar Association's Preview
of United States Supreme Court Cases, the Commercial Speech Digest
and the ABA Journal.
Commercial
speech and the so-called commercial speech doctrine represent
an evolving area of First Amendment jurisprudence. Commercial
speech - or in the words of the U.S. Supreme Court, speech "which
does no more than propose a commercial transaction" - originally
received no First Amendment protection.
The
Supreme Court still relegates commercial speech to a "subordinate
status" as compared to other types of noncommercial speech, such
as political speech. However, some Justices, most forcefully Justice
Clarence Thomas, have questioned the distinction between commercial
and noncommercial speech.
This
course will briefly examine the history of the commercial speech
doctrine and discuss the leading test used by the courts to examine
the constitutionality of regulations that have an impact on commercial
speech.
Then,
the course will provide you with a series of examples from real
cases designed to strengthen your knowledge of this area of the
law and expose you to some of the leading issues.