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> The commercial speech argument is that folks who gather together for commercial activity have the same free speech rights as other folks in other circumstance
by uriel 17y ago
> The commercial speech argument is that folks who gather together for commercial activity have the same free speech rights as other folks in other circumstances. That argument doesn't imply anything about stopping other people from saying things.
I think the argument is simpler, it is that "Congress shall make no law" actually means Congress shall make no law.
If people don't like what the 1st says, they should propose a new amendment, not try to pretend they can ignore what it currently says.
- anamax 17y ago> If people don't like what the 1st says, they should propose a new amendment, not try to pretend they can ignore what it currently says. That ship sailed a long time ago. One interesting thing about 1st amendment interpretation is that actual political speech (which pretty much everyone agrees was the point of the 1st amendment) is significantly more restricted than pornography even though pornography's"lack of restrictions" is justified on the basis that it is political speech....