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12 Comm. Law. 1 (1994-1995)

handle is hein.journals/comlaw12 and id is 1 raw text is: Communications Publication of the Forum on Communications Law American Bar Association ay CVolume 12, Number 1, Spring 1994 The Two Faces of Commercial Speech under the First Amendment BY P. CAMERON DE VORE* In three 1993 decisions, the United States Supreme Court once again demonstrated its unpredictable ap- proach to First Amendment protection of commercial speech. In effect, two different but overlapping majorities of justices pronounced two quite different standards for evaluating advertising bans and other commercial speech reg- ulation. The Court strongly reaffirmed the high value of commercial speech in two cases, City of Cincinnati v. Discov- ery Network, Inc.1 and Edenfield v. Fane.2 Both also enhanced the First Amendment burden of government reg- ulators under the Court's four-part commercial speech test established in Central Hudson Gas & Electric Corp. v. Public Service Commission of N. Y , specifically Part 4 (reasonable fit) in Discovery Network, striking down a commercial newsrack ban, and Part 3 (directly advancing) in Edenfield, striking down a ban, on face-to-face solicitation by CPAs. However, the Court changed course in a third 1993 case, United States v. Edge Broadcasting Co.,4 involving a Continued on page 23 Illustration by Richard Laurent

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