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2 J. Int'l Media & Ent. L. 159 (2008-2009)
Commercial Speech and Free Expression: The United States and Europe Compared

handle is hein.journals/jintmeel2 and id is 167 raw text is: Commercial Speech and Free Expression: The United States and Europe Compared Bruce E.H. Johnson* Kyu Ho Youm** Table of Contents Introduction ..................................................................................... 160 I. The European Court of Human Rights: A Brief O verview ................................................................................ 163 II. The U.S. Constitution and the ECHR: Text and T heory .............................................................................. 164 A. Textual Comparison: Absolute Versus Qualified .............. 165 1. The First Amendment: Open-Ended and Negative ...... 165 2. Article 10: Detailed, Qualified, and Positive ............... 166 B. Theoretical Comparison: A Distinction W ithout a Difference ........................................................ 167 1. The First Amendment: Why Freedom of E xpression? .............................................................. 168 2. Article 10: Freedom of Expression as a D em ocratic Value ...................................................... 170 III. Past and Current Contours of Commercial Speech in the U nited States ................................................................ 172 A. A Decades-long Trip Coming in from the Cold ............... 172 B. Select Areas of Commercial Speech: American-European Overlaps .......................................... 177 IV. Commercial Speech Under the European Convention on H um an Rights ................................................................... 180 A. Margin of Appreciation in Regulation .............................. 180 B. Professional Advertising: Variable Protections ................. 184 *A partner in the Seattle office of Davis Wright Tremaine LLP and a member of the Washington State and California bars. He is the co-author of ADVERTISING AND COM- MERCIAL SPEECH: A FIRST AMENDMENT GUIDE (2d ed. 2008). The author would like to thank Devin Smith of the University of Washington Law School. **Professor and Jonathan Marshall First Amendment Chair, School of Journalism and Communication, University of Oregon. He wishes to thank Dr. Damian Tambini at the London School of Economics, who kindly advised him on his master's thesis at Oxford University, and Dr. Danilo Leonardi at Oxford University and Professor David Feldman at Cambridge University, who thoughtfully examined his thesis, in 2006. His discussion in this Article of the European Court of Human Rights on commercial speech is a substan- tially expanded revision of his thesis. Also, thanks to his research assistant Jacob Dittmer, at the University of Oregon School of Journalism and Communication, for his fine work.

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