Brandishing the First Amendment : commercial expression in America / Tamara R. Piety.
2012
KF4772 .P54 2012 (Mapit)
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Details
Title
Brandishing the First Amendment : commercial expression in America / Tamara R. Piety.
Author
Piety, Tamara R.
ISBN
9780472117925 (cloth ; alk. paper)
0472117920 (cloth ; alk. paper)
9780472027729 (e-book)
0472027727 (e-book)
0472117920 (cloth ; alk. paper)
9780472027729 (e-book)
0472027727 (e-book)
Publication Details
Ann Arbor : University of Michigan Press, ©2012.
Language
English
Description
xi, 328 pages ; 24 cm
Call Number
KF4772 .P54 2012
Dewey Decimal Classification
342.7308/53
Summary
Over the past two decades, corporations and other commercial entities have used strategic litigation to win more expansive First Amendment protections for commercial speech, from the regulation of advertising to the role corporate interests play in the political process, most recently debated in the Supreme Court case of Citizens United v. Federal Election Commission. Piety argues that such an expansion of First Amendment speech rights imperils public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment. Beginning with an evaluation of commonly evoked philosophical justifications for freedom of expression, she determines that, while these are appropriate for the protection of an individual's rights, they should not be applied too literally to commercial expression because the corporate person is not the moral equivalent of the human person. Piety gathers evidence from public relations and marketing, behavioral economics, psychology, and cognitive studies to show how overly permissive extensions of First Amendment protections to commercial expression limit governmental power to address some of the major social, economic, and environmental challenges of our time. From publisher description.
Bibliography, etc. Note
Includes bibliographical references (pages 291-319) and index.
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Table of Contents
Commercial and corporate speech
The scope of commercial expression
Why protect speech? Four fundamental interests
Autonomy as a human interest
Brands, information, and consumer "education"
Advertising and manipulation
Tough love paternalism
The corporate person
Commercial democracy
Commercial expression and economic instability
Commercial expression and environmental instability.
The scope of commercial expression
Why protect speech? Four fundamental interests
Autonomy as a human interest
Brands, information, and consumer "education"
Advertising and manipulation
Tough love paternalism
The corporate person
Commercial democracy
Commercial expression and economic instability
Commercial expression and environmental instability.