Commercial Expression Comes of Age: The Path to Constitutional Recognition under the Charter of Rights
AbstractThe author assesses developments in the treatment given to claims for the constitutional protection of commercial expression, both under the U.S. Bill of Rights and the Charter of Rights. He questions the traditional notion that forms of expression warrant protection in accordance with their "worth" or "hardiness". Recent Supreme Court of Canada decisions on commercial expression are analysed and the findings viewed in relation to the recent constitutional challenge to the ban on advertising of tobacco products.
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