Legal Definitions - commercial speech

Commercial speech refers to communication that proposes a commercial transaction or relates solely to the economic interests of the speaker and its audience. In simpler terms, it is speech primarily intended to promote the sale of a product, service, or idea for profit.

Under the First Amendment of the U.S. Constitution, commercial speech receives less protection than other forms of speech, such as political, social, or religious expression. This means that the government has greater leeway to regulate commercial messages, particularly to prevent deception, protect consumers, or address other substantial public interests. However, even with this reduced protection, government regulation of commercial speech must still be carefully tailored; it cannot be overly broad or restrictive and must directly advance a legitimate government interest.

In some cases, the government can even compel commercial speech, requiring businesses to disclose certain information. This is typically allowed when the disclosure is reasonably related to preventing consumer deception or ensuring public safety.

Here are some examples illustrating commercial speech:

• A local coffee shop posts an advertisement on its social media page showcasing a new seasonal latte and offering a "buy one, get one free" deal for a limited time. This post is commercial speech because its primary purpose is to entice customers to purchase the coffee shop's products. Its content directly promotes a commercial transaction.

• A software company develops a website detailing the features and benefits of its new project management application, including pricing plans and a call to action for a free trial. This entire website content, designed to attract paying subscribers, constitutes commercial speech. The government could intervene if the company made false claims about the software's capabilities.

• A pharmaceutical company runs a television commercial for a prescription medication, highlighting its effectiveness for a specific condition. The commercial also includes a rapid-fire list of potential side effects at the end. The promotional content about the drug's benefits is commercial speech. The requirement to list potential side effects is an example of the government compelling commercial speech to ensure consumers are fully informed and to prevent misleading advertising about health products.