During the past 15 years, the U. S. Supreme Court has used Central Hudson Gas v. Public Service Commission (1980) to expand significantly the power of the government at all levels to regulate advertising and other promotional activities. As a result, first amendment protection for commercial speech has steadily diminished. In this article, Supreme Court decisions subsequent to Central Hudson are reviewed to provide an update of Cohen's (1978) work. In addition, the current standard for identifying commercial speech is analyzed, and managerial recommendations are made to guide managers who are responsible for making promotional decisions in this increasingly restricted area.
Karl Boedecker, Fred Morgan, and Linda Wright, Journal of Marketing. The Evolution of First Amendment Protection for Commercial Speech. Journal of Marketing, 59 (January), 38-47. 1995