what type of commercial speech is not protected by the 1st amendment
United States free speech exceptions Commercial speech occupies a unique role as a free speech exception. While there is no complete exception, legal advocates recognize it as having "diminished protection".[47] For example, false advertising can be punished and misleading advertising may be prohibited.[48] Commercial advertising may be restricted in ways that other speech can't if a substantial governmental interest is advanced, and that restriction supports that interest as well as not being overly broad.[49] This doctrine of limited protection for advertisements is due to a balancing inherent in the policy explanations for the rule, namely that other types of speech (for example, political) are much more important.[50]
Morse v. Frederick Melinda Cupps Dickler, in her article "The Morse Quartet: Student Speech And The First Amendment" in the Loyola Law Review,[3] provided a survey of commentary that followed in the immediate aftermath of the case: Some commentators have suggested that Morse both demonstrated a division among the Justices on student speech rights[50] and continued Fraser's and Kuhlmeier's erosion of students' First Amendment rights.[51] She regards this suggestion as "not surprising" given the outcome of the decision, the plain language of the holding, and the dissenting Justices' charge that the opinion did "serious violence to the First Amendment".[52] She adds that other commentators have asserted that while Morse did not dramatically change the law regarding student speech, it failed to answer any of the questions left by the Tinker trilogy.[53] She notes that these questions—what First Amendment protection is owed to student speech, and how courts should analyze its censorship—are currently significant as schools struggle with the issues of discriminatory student speech or hate speech,[nb 6] and student speech threatening violence.[nb 7] Further, "such questions are always paramount because schools are the training grounds for our nation's citizens and future leaders."[3]
Inauguration of John F. Kennedy And so, my fellow Americans: ask not what your country can do for youâ€”ask what you can do for your country.[35]
Commercial speech Until the 1976 Supreme Court case Virginia State Pharmacy Board v. Virginia Citizens Consumer Council, commercial speech in the United States was viewed as an "unprotected" category of speech beyond the pale of First Amendment protection.[4] Indeed, the idea of commercial speech was first introduced by the Supreme Court when it upheld Valentine v. Chrestensen in 1942, which ruled that commercial speech in public is not constitutionally protected.[5] In upholding the regulation, the Supreme Court said, "We are...clear that the Constitution imposes...no restraint on government as respects purely commercial advertising". This ruling, however, would be overturned with Virginia State Pharmacy Board v. Virginia Citizens Consumer Council (1976) and Central Hudson Gas & Electric Corp. v. Public Service Commission (1980).[2]