Cincinnati v. Discovery Network, Inc., 507 U.S. 410, 23 (1993)

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432

CINCINNATI v. DISCOVERY NETWORK, INC.

Blackmun, J., concurring

Comm'n on Human Relations, 413 U. S. 376, 385 (1973). In so holding, the Court focused principally on the First Amendment interests of the listener. 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, 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," id., at 765. See also Bates v. State Bar of Arizona, 433 U. S. 350, 364 (1977).

The Court recognized, however, that government may regulate commercial speech in ways that it may not regulate protected noncommercial speech. See generally Virginia State Bd. of Pharmacy, 425 U. S., at 770-772. Government may regulate commercial speech to ensure that it is not false, deceptive, or misleading, id., at 771-772, and to ensure that it is not coercive, Ohralik v. Ohio State Bar Assn., 436 U. S. 447, 457 (1978). Government also may prohibit commercial speech proposing unlawful activities. Pittsburgh Press Co. v. Pittsburgh Comm'n on Human Relations, 413 U. S., at 388. See Bates v. State Bar of Arizona, 433 U. S., at 384.1 To permit government regulation on these grounds is consistent with this Court's emphasis on the First Amendment interests of the listener in the commercial speech context. A listener has little interest in receiving false, misleading, or deceptive commercial information. See id., at

1 In the context of noncommercial speech, by contrast, this Court has adopted rules that protect certain false statements of fact and speech advocating illegal activities. See, e. g., New York Times Co. v. Sullivan, 376 U. S. 254, 279-280 (1964) (liability for false statements regarding public officials may not be imposed without a showing of "actual malice"); Brandenburg v. Ohio, 395 U. S. 444, 447 (1969) (government may not proscribe advocacy of illegal action "except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action").

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