ACLU of Southern California Policy on Commercial Speech

Adopted November 20, 2002

Government Regulation of Commercial Speech

Government may regulate commercial speech where the information disseminated is false or misleading, and the speaker either knows the speech is false or misleading, or has acted with reckless disregard for the falsity or misleading nature of the speech. Governmental regulation of false or misleading commercial speech does not chill constitutionally protected speech.

Definition: "Commercial speech" either proposes a commercial transaction , or concerns a product or service and seeks to generate, maintain, or increase sales and profits.

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