Reply:
Rodney A. Smolla, Information, Imagery, and the First
Amendment: A Case for Expansive Protection of Commercial Speech,
71 TEXAS L. REV. 777 (1993).
Abstract:
In this reply to Professors Collins and Skover’s article
appearing in this same issue of the Texas Law Review, Professor
Smolla acknowledges that they paint a realistic picture of
current commercial speech as serving neither rational
decision-making by consumers nor individualism (the two ideals
that free speech is supposed to uphold). However, Smolla argues,
perhaps commercial speech is not as harmful as Collins and
Skover seem to think it is. While Collins and Skover wish for an
ideal “marketplace of ideas” in which speech that fails to serve
free speech’s ideals is not protected, Smolla posits that any
deleterious impact that modern advertising has on consumers is
nominal. In fact, Smolla contends, in order to preserve a truly
open society, the law should probably protect commercial speech
to a greater extent than it presently does.