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

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-

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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