In a speech delivered in November 1987, the author analyzes developments in the commercial speech doctrine since the Supreme Court's 1986 decision in Posadas de Puerto Rico v. Tourism Company of Puerto Rico. The speech argues that Posadas is distinguishable on its unusual facts from other commercial speech cases, and is fundamentally inconsistent with the Supreme Court's seminal commercial speech decision in Central Hudson Gas & Electric v. Public Service Commission (1980). The author believes that a total ban on tobacco advertising would be impermissible under the first amendment, and not legitimized by Posadas. Finally, the speech reviews other significant commercial speech cases decided in 1987 and tentatively concludes that the commercial speech doctrine survives the Posadas decision.
P. Cameron DeVore,
Posadas de Puerto Rico v. Tourism Company of Puerto Rico: The End of the Beginning,
10 Hastings Comm. & Ent. L.J. 579
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol10/iss2/7