Parties: Cincinnati v. Discovery Network
Date: 1993-03-24
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Paragraph: 46 - The commercial publications at issue in this case illustrate the absurdity of treating all commercial speech as less valuable than all noncommercial speech. Respondent Harmon Publishing Company, Inc., publishes and distributes a free magazine containing listings and photographs of residential properties. Like the "For Sale" signs this Court, in Linmark Associates, Inc. v. Willingboro, 431 U.S. 85, 97 S.Ct. 1614, 52 L.Ed.2d 155 (1977), held could not be banned, the information contained in Harmon's publication N284* "bears on one of the most important decisions [individuals] have a right to make: where to live and raise their families."
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Paragraph: 18 - We then held that even speech that does no more than propose a commercial transaction is protected by the First Amendment.
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Paragraph: 37 - The present case demonstrates that there is no reason to treat truthful commercial speech as a class that is less "valuable" than noncommercial speech. Respondents' publications, which respectively advertise the availability of residential properties and educational opportunities, are unquestionably "valuable" to those who choose to read them, and Cincinnati's ban on commercial newsracks should be subject to the same scrutiny we would apply to a regulation burdening noncommercial speech.
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Paragraph: 39 - The Court recognized, however, that government may regulate commercial speech in ways that it may not regulate protected noncommercial speech. See generally Virginia Pharmacy Bd., 425 U.S., at 770-772, 96 S.Ct., at 1829-1831. Government may regulate commercial speech to ensure that it is not false, deceptive, or misleading, id., at 771-772, 96 S.Ct., at 1830-1831, and to ensure that it is not coercive. Ohralik v. Ohio State Bar Assn., 436 U.S. 447, 457, 98 S.Ct. 1912, 1919, 56 L.Ed.2d 444 (1978). Government also may prohibit commercial speech proposing unlawful activities.
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Paragraph: 38 - In Virginia Pharmacy Bd. v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748, 96 S.Ct. 1817, 48 L.Ed.2d 346 (1976), this Court held that commercial N203* speech "which does 'no more than propose a commercial transaction' " is protected by the First Amendment, id., at 762, 96 S.Ct., at 1825, quoting Pittsburgh Press Co. v. Human Relations Comm'n, 413 U.S. 376, 385, 93 S.Ct. 2553, 2558, 37 L.Ed.2d 669 (1973). In so holding, the Court focused principally on the First Amendment interests of the listener. N204* The Court noted that "the particular consumer's interest in the free flow of commercial information . . . may be as keen, if not keener by far, than his interest in the day's most urgent political debate," 425 U.S., at 763, 96 S.Ct., at 1826, and that "the free flow of commercial information is indispensable . . . to the proper allocation of resources in a free enterprise system . . . [and] to the formation of intelligent opinions as to how that system ought to be regulated or altered."
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Paragraph: 40 - The majority in Central Hudson reviewed the Court's earlier commercial speech cases and concluded that the Constitution N205* "accords a lesser protection to commercial speech than to other constitutionally guaranteed expression." 447 U.S., at 563, 100 S.Ct., at 2350. As a descriptive matter, this statement was correct, since our cases had recognized that commercial speech could be regulated on grounds that protected noncommercial speech could not. See n. 1, supra. This "lesser protection" did not rest, however, on the fact that commercial speech N206* "is of less constitutional moment than other forms of speech," as the Central Hudson majority asserted. Ibid., at n. 5. Rather, it reflected the fact that the listener's First Amendment interests, from which the protection of commercial speech largely derives, allow for certain specific kinds of government regulation that would not be permitted outside the context of commercial speech.
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Paragraph: 15 - N207* "We begin with several propositions that already are settled or beyond serious dispute. It is clear, for example, that speech does not lose its First Amendment protection because money is spent to project it, as in a paid advertisement of one form or another. Buckley v. Valeo, 424 U.S. 1, 35-59 [96 S.Ct. 612, 642-654, 46 L.Ed.2d 659] (1976); Pittsburgh Press Co. v. Human Relations Comm'n, 413 U.S. [376], at 384 [93 S.Ct. 2553, 2558, 37 L.Ed.2d 669 (1973) ]; New York Times Co. v. Sullivan, 376 U.S. , at 266 [84 S.Ct. 710, 718, 11 L.Ed.2d 686 (1964) ]. Speech likewise is protected even though it is carried in a form that is 'sold' for profit, Smith v. California, 361 U.S. 147, 150 [80 S.Ct. 215, 217, 4 L.Ed.2d 205] (1959) (books); Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 501 [72 S.Ct. 777, 780, 96 L.Ed. 1098] (1952) (motion pictures); Murdock v. Pennsylvania, 319 U.S. , at 111 [63 S.Ct. 870, 874, 87 L.Ed. 1292 (1943) ] (religious literature), and even though it may involve a solicitation to purchase or otherwise pay or contribute money.
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Paragraph: 18 - We then held that even speech that does no more than propose a commercial transaction is protected by the First Amendment.
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Paragraph: 29 - The Court has held that government may impose reasonable restrictions on the time, place or manner of engaging in protected speech provided that they are adequately justified N208* " 'without reference to the content of the regulated speech.' " Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 2753, 105 L.Ed.2d 661 (1989), quoting Clark v. Community for Creative Non-Violence, 468 U.S. 288, 293, 104 S.Ct. 3065, 3069, 82 L.Ed.2d 221 (1984).
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