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第一修正案对商业言论保护的演变

The Evolution of First Amendment Protection for Commercial Speech

Journal of Marketing · 1995
被引 7
人大 AFT50UTD24ABS 4*

中文导读

回顾了1980年Central Hudson案后美国最高法院的判决,分析商业言论第一修正案保护的减弱趋势,并为管理者在日益受限的促销决策中提供建议。

Abstract

During the past 15 years, the U.S. Supreme Court has used Central Hudson Gas v. Public Service Commission (1980) to expand significantly the power of the government at all levels to regulate advertising and other promotional activities. As a result, first amendment protection for commercial speech has steadily diminished. In this article, Supreme Court decisions subsequent to Central Hudson are reviewed to provide an update of Cohen's (1978) work. In addition, the current standard for identifying commercial speech is analyzed, and managerial recommendations are made to guide managers who are responsible for making promotional decisions in this increasingly restricted area.

宪法商业言论最高法院广告监管市场营销