Freedom of Commercial Expression by Roger A. ShinerFreedom of Commercial Expression by Roger A. Shiner

Freedom of Commercial Expression

byRoger A. Shiner

Hardcover | December 8, 2003

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The U.S. Supreme Court extended constitutional protection to commercial expression or speech in 1976. The European Court of Human Rights and the Supreme Court of Canada subsequently did likewise. Historically, however, as Chief Justice Rehnquist memorably remarked in dissenting from the 1976decision, freedom of expression relates to public decision-making as to political, social, and other public issues, rather than the decision of a particular individual as to whether to purchase one or another kind of shampoo. For all that, courts are now granting constitutional protection to thecommercial advertizing of organizations such as tobacco manufacturers, breweries, and discount liquor stores.In this book, Roger Shiner subjects to critical examination the history of and reasoning behind the extension to commercial expression of the principles of freedom of expression. He examines the institutional history of freedom of commercial expression as a constitutional doctrine, and argues thatthe history is one of ad hoc, not logical, development. In examining the arguments used in support of freedom of commercial expression, he shows that even from within the borders of liberal democratic theory, constitutional protection for commercial expression is not philosophically justified.Commercial corporations cannot possess an original autonomy right to free expression. Moreover, the claim that there is a hearers' right to receive commercial expression which advertisers may borrow is invalid. Freedom of commercial expression does not fit the best available models for hearers'rights. Regulation of commercial expression is not paternalistic. The free flow of commercial information is not automatically a good, and in any case commercial expression rarely in fact involves information.
Roger Shiner spent most of his career at the University of Alberta, becoming Assistant Professor of Philosophy in 1966, Associate Professor in 1972 and Professor in 1977. He also taught as Sessional Lecturer in Jurisprudence in the Faculty of Law. He is now Emeritus Professor of Philosophy.
Title:Freedom of Commercial ExpressionFormat:HardcoverPublished:December 8, 2003Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198262612

ISBN - 13:9780198262619

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Table of Contents

1. IntroductionThe Contingencies of Institutional History2. Commercial Speech in the United States 1900-763. Commercial Expression in the United States 1976 - 20024. Commercial Expression in Canada5. Commercial Expression in Europe6. ConclusionTheoretical Interlude7. The Conceptual Background8. The Importance of Theory Determined0he Arguments Assessed9. Original Autonomy Rights10. Hearers' Rights11. Commercial Expression and the self-realization value12. Autonomy, Paternalism, and Commercial Expression13. The Free Flow of Commercial Information14. Lifestyle Advertising and the Public Good15. Retrospect and Prospect

Editorial Reviews

``fascinating book''American Political Science Review