Comments on: Food Fraud & the First Amendment http://www.concurringopinions.com/archives/2007/11/food_fraud_the.html The Law, the Universe, and Everything Sun, 22 Nov 2009 04:22:46 -0700 http://wordpress.org/?v=2.8.3 hourly 1 By: Maryland Conservatarian http://www.concurringopinions.com/archives/2007/11/food_fraud_the.html/comment-page-1#comment-51556 Maryland Conservatarian Fri, 16 Nov 2007 20:01:39 +0000 http://www.solove.org/archives/2007/11/food-fraud-the-first-amendment.html#comment-51556 "Tushnet's position makes sense to me, but I am afraid that captured regulators may provoke courts to impose sweeping First Amendment limits on advertising regulation." not sure I understand your fear here - are you wary that courts - on their own - will impose restrictions on commercial speech where none exist or merely uphold proposed restrictions. Either way, just another example of the wisdom of Justice Thomas' view that the 1st Amendment doesn't make an exception for commercial speech “Tushnet’s position makes sense to me, but I am afraid that captured regulators may provoke courts to impose sweeping First Amendment limits on advertising regulation.”

not sure I understand your fear here – are you wary that courts – on their own – will impose restrictions on commercial speech where none exist or merely uphold proposed restrictions.

Either way, just another example of the wisdom of Justice Thomas’ view that the 1st Amendment doesn’t make an exception for commercial speech

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