WASHINGTON, DC: Today, Southeastern Legal Foundation filed a brief with the U.S. Supreme Court asking the Court to ensure that all speech – noncommercial and commercial – receives the full protections provided by the First Amendment.
The level of First Amendment protection provided to commercial speech has varied throughout our country’s history. At times, it received full First Amendment protection, and at other times it received none. In 1980, the Court set forth a so-called intermediate level of scrutiny applicable to commercial speech, with the goal of ensuring that governments could enact speech restrictions aimed at preventing harms.
Unfortunately, overreaching governments have relied on application of this lower level of scrutiny to restrict commercial speech for any reason they wish – and activist courts rubber stamp those restrictions. The time has come for the Court to revisit its commercial speech doctrine and protect the speech of all Americans.
Click here for SLF SCOTUS brief