Scholarship@WashULaw

Document Type

Article

Publication Date

2013

Publication Title

Cornell Journal of Law and Public Policy

Abstract

This Article consolidates the economic and legal theory needed to properly analyze the impact of salience measures on the commercial speech doctrine. By walking through various First Amendment scenarios, this Article describes and differentiates between the two main governmental interests motivating graphic image requirements on cigarette labels: reducing smoking and informing consumers. The Article then sets up a game-theoretic model of the compelled commercial speech doctrine and uses Bayesian inference to make assumptions about how the Supreme Court would rule if it eventually rules on similar graphic images placed on cigarette labels. Solving the model by way of forward induction yields the prediction that the constitutionality of the graphic image requirements will depend on whether the images are ideologically neutral.

Keywords

Behavioral Economics, Commercial Speech

Publication Citation

Kyle Rozema, Economic Theory Lost in Translation: Will Behavioral Economics Reshape the Compelled Commercial Speech Doctrine, 86 Cornell J.L. & Pub. Pol'y 85 (2013)

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