POLITICAL EXPENDITURES/CONTRIBUTIONS AS SPEECH

Buckley v. Valeo (1976)

Burson V. Freeman (1992)

FEC V. Colorado Republican FED Campaign Committee (2001)

McConnell v. Federal Election Commission (2003)

Randall v. Sorrell (2006)

Citizens United v. FEC (2008)

McCutcheon V. FEC

COMMERCIAL SPEECH

• Commercial speech is speech on behalf of a company or individual to make a profit
• Commercial speech is not afforded first amendment protection, nor strict scrutiny
• Intermediate scrutiny instead

<aside> 💡 To effectively distinguish commercial speech from other types of speech for purposes of litigation, the Court uses a list of four indicia:

• The contents do "no more than propose a commercial transaction."

• The contents may be characterized as advertisements.

• The contents reference a specific product AND

• The disseminator is economically motivated to distribute the speech.

</aside>

Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) (BIG)

Edenfield V. Fanie (1993)

HARMFUL BUT LAWFUL ADVERTISING: Traffic Safety

Ambiguity in the law.

Metromedia v. City of San Diego (1981)

Cincinnati v. Discovery Network

TOBACCO