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exam1 studyguide3

exam1 studyguide3 - Exam 1 Study Guide 3 The First...

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Exam 1- Study Guide 3: The First Amendment (Commercial and Corporate) 1 Commercial Speakers VA State Board of Pharmacy (1976) case defined commercial speech as speech which does no more than propose a commercial transaction; protection only if it is truthful, non-misleading, and doesn’t promote unlawful transaction; statute prohibited pharmacists from advertising prescription drug prices; Supreme Court said this was unconstitutional because consumer had the right to free flow of information It is the public’s right to receive info and ideas and significance of free-flowing commercial info Bolger v. Youngs Drug Products Corp. (US 1983) contraception pamphlets found commercial despite discussions of important public issues such as prevention of venereal disease and family planning because they were seen as advertisements and made reference to specific products; company had clear economic motivation in mailing the pamphlets Kasky v. Nike Inc. (Cal. 2002) Public allegations were made that Nike used sweatshops and Nike took out a full-page ad to deny it; Unfair Competition and
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