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Journal Article

The Strange Career of Commercial Speech

Earl M. Maltz1
01 Jan 2003-Chapman Law Review-Vol. 6, Iss: 1, pp 161
TL;DR: The evolution of the constitutional doctrine of commercial speech' is unique among economic rights as mentioned in this paper, and conservative justices on the Supreme Court have been the guardians of expansive reading of the Takings Clause,2 the Contracts Clause,3 and economic substantive due process generally.
Abstract: The evolution of the constitutional doctrine of commercial speech' is unique among economic rights. Throughout our constitutional history, conservative justices on the Supreme Court have been the guardians of expansive reading of the Takings Clause,2 the Contracts Clause,3 and economic substantive due process generally.4 When judicial restraint has been the hallmark of conservative jurisprudence, the scope of these rights has been greatly diminished.
Citations
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12 Feb 2015
TL;DR: Sánchez et al. as discussed by the authors explored how international nongovernmental organizational (INGOs) members of a TAN use social media to interact with local activists in their advocacy for freedom of speech in Cuba.
Abstract: Bringing the Transnational Advocacy Network (TAN) theory into the world of digital activism, this project explores how international nongovernmental organizational (INGOs) members of a TAN use social media to interact with local activists in their advocacy for freedom of speech in Cuba. On a more critical level, the research analyzes the INGOs’ role as information gatekeepers, identifying and measuring the extent to which INGOs self-select the information they receive and share through social media. To evaluate the questions, the degree to which information is disseminated through INGO social media advocacy campaigns reflects the informational content and local agenda of Cuban activists—here represented by Yoani Sánchez and her blog Generacíon Y (GenY)—is examined. Although the research provides a statistical summary of INGO social media use, for descriptive depth, the exploration is deeper than a mechanistic assessment of Tweets and posts, analyzing the actual information and content disseminated by INGOs through social media. This study includes a descriptive typology of social media used in today’s INGO advocacy campaigns and a comprehensive, holistic examination of the state of freedom of speech in Cuba. While each of the latter is of secondary importance, they are necessary to provide technological and ideological context for the study. Ideological variations in conceptualizations of freedom of speech and expression are delineated, not only for context, but also to provide a greater transparency in the research, given the potential for latent or implicit biases in cross-cultural studies. The social media content of GenY and the select INGOs provided rich data. Data were collected from multiple sources during three separate bounded time frames to

27 citations


Cites background from "The Strange Career of Commercial Sp..."

  • ...Although widely perceived as providing unfettered access to free speech, it should be noted that, in capitalist democracies, freedom of expression is often subordinated to corporate, commercial, and individual property rights (Frye, 2014; Maltz, 2003; Parenti, 2010)....

    [...]

References
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12 Feb 2015
TL;DR: Sánchez et al. as discussed by the authors explored how international nongovernmental organizational (INGOs) members of a TAN use social media to interact with local activists in their advocacy for freedom of speech in Cuba.
Abstract: Bringing the Transnational Advocacy Network (TAN) theory into the world of digital activism, this project explores how international nongovernmental organizational (INGOs) members of a TAN use social media to interact with local activists in their advocacy for freedom of speech in Cuba. On a more critical level, the research analyzes the INGOs’ role as information gatekeepers, identifying and measuring the extent to which INGOs self-select the information they receive and share through social media. To evaluate the questions, the degree to which information is disseminated through INGO social media advocacy campaigns reflects the informational content and local agenda of Cuban activists—here represented by Yoani Sánchez and her blog Generacíon Y (GenY)—is examined. Although the research provides a statistical summary of INGO social media use, for descriptive depth, the exploration is deeper than a mechanistic assessment of Tweets and posts, analyzing the actual information and content disseminated by INGOs through social media. This study includes a descriptive typology of social media used in today’s INGO advocacy campaigns and a comprehensive, holistic examination of the state of freedom of speech in Cuba. While each of the latter is of secondary importance, they are necessary to provide technological and ideological context for the study. Ideological variations in conceptualizations of freedom of speech and expression are delineated, not only for context, but also to provide a greater transparency in the research, given the potential for latent or implicit biases in cross-cultural studies. The social media content of GenY and the select INGOs provided rich data. Data were collected from multiple sources during three separate bounded time frames to

27 citations