Commercial Speech

Definition - What does Commercial Speech mean?

Commercial speech is a form of speech that consists of communication or expression for business purposes. Advertising is a commonly known form of commercial speech. The right to free commercial speech is protected under the First Amendment. However, it does not have as much protection as non-commercial types of speech do.

Justipedia explains Commercial Speech

Only commercial speech that is legitimate and not false is protected under the First Amendment. False advertising is not protected. So, for example, a company could not legally make claims that its products do certain extraordinary things if they do not actually do those extraordinary things. False advertising can result in lawsuits if customers buy products based on the premises established in the false advertisements. Businesses who lose false advertisement lawsuits could be forced to pay damages to their victims.

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