Parties: 44 Liquormart v. R.I.
Date: 1996-05-13
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Paragraph: 3 - Justice Stevens delivered the principal opinion with respect to Parts III-VI, concluding that Rhode Island's ban on advertisements that provide the public with accurate information about retail liquor prices is an unconstitutional abridgment of the freedom of speech. Pp.
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Paragraph: 68 - the Court explained that government "may not deny a benefit to a person on a basis that infringes his constitutionally protected interests-especially his interest in freedom of speech." Id., at 597. That teaching clearly applies to state attempts to regulate commercial speech, as our cases striking down bans on truthful, nonmisleading speech by licensed professionals attest.
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Paragraph: 34 - As one commentator has explained: N196* "The entire commercial speech doctrine, after all, represents an accommodation between the right to speak and hear expression about goods and services and the right of government to regulate the sales of such goods and services." L. Tribe, American Constitutional Law Section(s) 12-15, p. 903 (2d ed. 1988). Nevertheless, as we explained in Linmark, the State retains less regulatory authority when its commercial speech restrictions strike at "the substance of the information communicated" rather than the "commercial aspect of [it]-with offerors communicating offers to offerees."
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Paragraph: 34 - N296* As one commentator has explained: N297* The entire commercial speech doctrine, after all, represents an accommodation between the right to speak and hear expression about goods and services and the right of government to regulate the sales of such goods and services." L. Tribe, American Constitutional Law Section(s) 12-15, p. 903 (2d ed. 1988). Nevertheless, as we explained in Linmark, the State retains less regulatory authority when its commercial speech restrictions strike at N298* "the substance of the information communicated" rather than the "commercial aspect of [it]-with offerors communicating offers to offerees."
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Paragraph: 89 - The Court opined that false or misleading advertising was not protected, on the grounds that the accuracy of advertising claims may be more readily verifiable than is the accuracy of political or other claims, and that "commercial" speech is made more durable by its profit motive. Id., at 771, and n. 24. The Court also made clear that it did not envision protection for advertising that proposes an illegal transaction.
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Paragraph: 24 - Advertising has been a part of our culture throughout our history. Even in colonial days, the public relied on "commercial speech" for vital information about the market. Early newspapers displayed advertisements for goods and services on their front pages, and town criers called out prices in public squares. See J. Wood, The Story of Advertising 21, 45-69, 85 (1958); J. Smith, Printers and Press Freedom 49 (1988). Indeed, commercial messages played such a central role in public life prior to the Founding that Benjamin Franklin authored his early defense of a free press in support of his decision to print, of all things, an advertisement for voyages to Barbados.
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Paragraph: 33 - N86* Virginia Pharmacy Bd. attributed the State's authority to impose these regulations in part to certain "commonsense differences" that exist between commercial messages and other types of protected expression. 425 U. S., at 771, n. 24. Our opinion noted that the greater "objectivity" of commercial speech justifies affording the State more freedom to distinguish false commercial advertisements from true ones, ibid. and that the greater "hardiness" of commercial speech, inspired as it is by the profit motive, likely diminishes the chilling effect that may attend its regulation
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Paragraph: 85 - In Virginia State Bd. ofPharmacy v. Virginia Citizens Consumer Council, Inc., 425 U. S. 748, 762 (1976), this Court held that speech that does N225* "`no more than propose a commercial transaction'" was protected by the First Amendment, and struck down a ban on price advertising regarding prescription drugs.
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Paragraph: 89 - The Court opined that false or misleading advertising was not protected, on the grounds that the accuracy of advertising claims may be more readily verifiable than is the accuracy of political or other claims, and that "commercial" speech is made more durable by its profit motive.
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