Speech that proposes a commercial transaction or relates solely to the economic interests of the speaker and audience. It receives intermediate constitutional protection and can be regulated more extensively than political or artistic expression.
From Latin 'commercium' (trade, commerce) and Old English 'spæc' (speaking). The legal category developed in the 1970s when the Supreme Court first recognized that advertising deserved some First Amendment protection, though less than fully protected speech.
Commercial speech was completely unprotected until 1976, when the Supreme Court realized that consumers have a legitimate interest in receiving advertising information! This revolution in First Amendment doctrine means that while the government can regulate false advertising and require disclaimers, it cannot ban truthful commercial speech about lawful products—leading to battles over everything from tobacco ads to lawyer advertising.
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