FOOTNOTES
- 1946 . March v. Alabama See, 326 U.S. 501 at 504–05; cf., Red Lion Broadcasting Co. v. FCC, 395 U.S. 367 at 390 (1969)
- 1919 . Abrams v. United States Mr. Justice Holmes in 250 U.S. 616, 630 incorporates this rationale in analogizing free expression to a “market-place of ideas.” See also J.S. Mill, On Liberty at ch. 2 (1859)
- Meiklejohn . 1961 . S. Ct. Rev. The First Amendment Is An Absolute, 245 at 256–57 (1961)
- yale Professor Thomas Emerson has concluded
- “Communications in connection with commercial transactions generally relate to a separate sector of social activity involving the system of property rights rather than free expression.”
- Toward a General Theory of the First Amendment T. Emerson, 105 n. 46 (1966)
- 1942 . “ The Court had previously reversed the convictions of religious or political advertisers under statutes which either forbade or required the licensing of handbill distribution. ” . In Schneider v. State 316 U.S. 52 308 U.S. 147 (1939); Lovell v. City of Griffin, 303 U.S. 444 (1938)
- 316 U.S. at 53
- 316 U.S. at 55
- 1959 . Cammarano v. United States 316 U.S. at 54. Subsequent teaching on Mr. Chrestensen's case has criticized the “casual, almost off-hand” manner which the Court dismissed all First Amendment protection for advertisers. 358 U.S. 498 at 514 (Douglas, J., concurring)
- 1943 . “ In ” . In Murdock v. Pennsylvania Only two years after Valentine, the Supreme Court held that a municipality could not apply a license tax exclusively to evangelists who earned income from selling religious articles. 319 U.S. 105 Burstyn v. Wilson, 343 U.S. 495 (1952), the Court rejected the argument that motion pictures distributed for profit were not covered by the First Amendment. Although the famous civil rights advertisement in New York Times v. Sullivan, 376 U.S. 254 (1964), solicited donations, the decision there created significant protections against libel prosecutions
- 1974 . Smith v. Goguen See, the dissenting opinion of Douglas, J. from the denial of certiorari in Dun & Bradstreet, Inc. v. C.R. Grove, 404 U.S. 898 (1971). See also, Slip Opinion of March 25, at 5 (White, J. concurring)
- 1943 . Thomas V. Collins The Supreme Court apparently feels that the mere presence of some commercial benefit to the communicator will not completely block the application of the principles of freedom of expression if some external fundamental right is being asserted in the process. See, 319 U.S. 105; Follet v. McCormick, 321 U.S. 573 (1944) (freedom of religion advanced by commercial solicitation); and Beard v. Alexandria, 341 U.S. 622 (1951) (offering periodicals for sale doesn't preclude the application of the First Amendment). The difficulty is that these opinions assume the Amendment's applicability without discussing Valentine.
- See, text and cases accompanying note 10, supra.
- These states are Arizona, California, Colorado, Connecticut, Delaware, Florida, Idaho, Illinois, Indiana, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, Pennsylvania, Rhode Island, South Dakota, Vermont, Virginia, Washington, Wisconsin, and Wyoming
- 1970 . 18 U.S.C. § 1461 provides for fines and possible imprisonment of up to 10 years for second offenders
- 1965 . 381 U.S. 479 410 U.S. 113 (1973); 410 U.S. 179 (1973)
- 1949 . St. Louis Poster Advertising Co. v. City of St. Louis For example, there is no First Amendment difficulty implicit in precluding adult-oriented advertising in children's publications. The Supreme Court has long held the position that reasonable public welfare regulations which do not effectively stifle all communication of a given idea are constitutionally permissible. See, e.g., Kovacs v. Cooper, 336 U.S. 77 Despite some authority to the contrary discussed infra, governments could also probably regulate the media through which such information is disseminated, such as prohibiting billboard advertising of contraception and abortion referral. See, 249 U.S. 269 (1919); Markam Advertising Co. v. State, 73 Wash. 2d 405 (1968)
- Messerman . 1972 . “ Abortion Counseling, 23 ” . In Case West. Res. L. Rev. 810 at 817
- 1917 . Commonwealth v. Allison 227 Mass. 57
- 1956 . ARIZ. REV. STAT. ANN. § 13–213
- 1962 . Planned Parenthood Committe e v. Maricopa County, 92 Ariz. 231 at 238
- Griswold v. Connecticut, supra n. 15
- 1972 . The specific section of the Virginia Code under which this prosecution proceeded has been amended to preclude only advertising for illegal abortions performed in state. VA. CODE ANN. 18. 1–63 (Supp. At the time of the decision discussed in this article, all abortion advertising, including solicitation for legal out-of-state clinics, was proscribed. VA. CODE ANN. 18.1–63 (1960)
- 1972 . 213 Va. 191
- 193 – 95 . 213 Va. at
- 1955 . “ is the customary standard whereby legislative enactments not involving constitutional rights are measured against the due process clause of the Fourteenth Amendment. When the state selects a goal to be pursued by a particular enactment, the enactment must only have some logical connection with the goal. The goal need not be a sound social policy. The enactment need not be the best route to achievement of the goal, only a measure rationally moving in that direction. By comparison, for a state to wholly prohibit a form of protected communication, it must establish that the communication constitutes a “clear and present danger” to society. ” . In Schenck v. United States 213 Va. 195–06. This test, drawn from Williamson v. Lee Optical, 348 U.S. 483 249 U.S. 47 at 52 (1919)
- 213 Va. at 196
- Doe. This appeal was not granted certiorari; the case was returned for further consideration because of Roe It is unclear whether the Court will allow an appeal now that the state system has again affirmed Bigelow's conviction
- 1973 . 93 S. Ct. 3057
- 1973 . 214 Va. 341
- ”see, note 11 and accompanying text
- 1972 . “ The threat of criminal prosecution, moreover, has been found to have a “chilling effect” on the exercise of free expression. See ” . In Dombiowski v. Pfister A recent report commissioned by the Chief Justice of the United States has concluded that the caseload of appellate courts and especially the Supreme Court has become unmanageable. Report of the Study Group on the Caseload of the Supreme Court 380 U.S. 479 (1965)
- 1882 . Considerations on Representative Government , 203 Mill
- 1964 . Contemporary Restatement of Democracy, 18 . West. Pol. Sci. Q. , 37 See generally, Davis
- Bachrach . 1967 . The Theory of Democratic Elitism , 5 : 31
- Meiklejohn . 253 – 55 . n. 3 supra, at
- Id. at 255
- 1964 . “ and ” . In New York Times v. Sullivan Garrison v. Louisiana, 379 U.S. 64 n. 9, supra
- 379 U.S. at 75
- Kalven . 1964 . S. Ct. Rev. , 191 The New York Times Case: A Note on ‘The Central Meaning’ of The First Amendment, (1964)
- Meiklejohn . 1965 . See also, Chafee, Book Review, 62 . Hary. L. Rev. , 891 : 896 Political Freedom 84, 1949
- Muller . 1960 . Issues of Freedom , 50
- Bachrach . n. 34, supra, at 102
- Laski . 1930 . Liberty in the Modern State , 2
- Charington . 1935 . People's Wants and How to Satisfy Them , 4
- Brown . 1948 . “ Advertising and the Public Interest, 57 ” . In Yale L.J. 1165 at 1168
- Pigou . 1962 . The Economics of Welfare , 196
- 1969 . Wall Street Journal December 11, at 1
- Kinter . 1966 . “ FTC Regulation of Advertising, 64 ” . In Mich. L. Rev. 1269 at 1270; see generally, Baumol, Economic Theory and Operations Analysis 248–56 (1961)
- 1967 . Harv. L. Rev. Developments in the Law—Deceptive Advertising, 80 1005 at 1010
- 1967 . Time, Inc. v. Hill 385 U.S. 374
- 1967 . Julian Messner, Inc. v. Spahn 387 U.S. 239
- campbell . 1960 . “ Converse, Miller & Stokes ” . In The American Voter
- McGinnis . 1969 . The Selling of the President –1968
- 1972 . Mitchell Family Planning, Inc. v. City of Royal Oak 738 335 F. Supp. (E.D. Mich
- 1949 . Gibboney v. Empire Storage & Ice Co. See n. 6, supra. See also, 336 U.S. 49(J Reasonable regulations of speech (e.g., controlling the medium or audience for a transmission) can be justified if they are narrowly drawn and do not so effectively constrict communication that the right to free speech is in practical effect substantially impaired
- 1969 . 415 F.2d 664 (5th Cir
- 415 F.2d at 669
- Id. See n. 6, supra.
- 672 – 73 . 415 F.2d at
- 1969 . Street v. New York See, e.g., 394 U.S. 576
- 1966 . Free Speech See e.g., O'Neill, at v