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A Call for a Value-Based Test of Commercial Speech

Publication Title

Washington University Law Quarterly

Abstract

This Article reviews the cases that attempt to define commercial speech, as well as cases that indicate the normative values supporting the creation and continuance of the commercial speech doctrine. These and other cases will be analyzed to determine the normative values that may have led to the development of the commercial speech doctrine. This Article concludes that the Court should not develop a test of commerciality until it more fully articulates these underlying values. To illustrate the need for normative development, this concluding section focuses on Dun & Bradstreet v. Greenmoss Builders, Inc.

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