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Commercial versus Political Speech: Dividing and Destroying the First Amendment

In 1942 the Supreme Court began to differentiate between "commercial speech" such as advertising, and political speech. The "commercial speech doctrine" holds that commercial or "self-interested" speech is NOT protected by the First Amendment. Nicholas Provenzo from the Center for the Advancement of Capitalism (CAC) argues there should be no such division.

Topics covered include: Why free speech is indivisible - why the First Amendment should apply to both commercial and political speech. Details on the The Nike versus Kasky case and the amicus curiae (friend of the court) brief filed by CAC asking the court to end the distinction.

The problem with putting commercial speech into an "intellectual ghetto". New York City versus the submarine man (1942) - used as a basis to gradually construct the "commercial speech doctrine". The danger of going from Commercial v. Political speech to Selfish v. Selfless speech. How current law allowed activist Marc Kasky to launch a case against Nike (who posted paid notices defending their work practices) even though Kasky had suffered no damage and openly admitted he had no direct knowledge that Nike ever lied in its advertisements.

Legitimate approaches to activism through the Supreme Court. How the structure of the Supreme court shows that America is a nation founded BY activists FOR activists. How for America the historical IS the philosophical. The problem of some modern judges who consider rights as being granted by the Government - rather than natural and inalienable as the Founding Fathers held.


Nicholas Provenzo, Chairman & CEO
The Center for the Advancement of Capitalism


Center for the Advancement of Capitalism

Brief of the Center for the Advancment of Capitalism as Amicus Curiae Supporting the Petitioners

Nike versus Kasky

NIKE appeases the enemies of free speech and settles with Marc Kasky

Valentine v. Chrestensen (1942) (NYC vs the Submarine man)

FUN LINK: Early submarines from 1940's postcards

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