The Soapbox

BonsackHoo

Joined: 11/17/2011 Posts: 3039
Likes: 5546


Sorry for the late reply


It seems that you want different First Amendment rules based on the content of the message. If the content of the message is about one's own product, then one can be forced to say certain things. If the content of the message is about alternative products, then regulation cannot force people to say it.

So you don't have a problem with coerced speech per se. What you are really saying is that coerced speech is a problem, but in some situations the governmental interest (the regulation saying "I contain cancerous materials" on cigarettes) outweighs the problem of coerced speech. But you are doing a balancing test between the governmental interest and the individual's right not to be coerced. This kind of balancing is a policy decision.

Before this court ruling, this policy decision would be handled through the legislatures. If people thought that regulations went too far in coercing commercial speech, they could use the ballot box to fix it. But now this policy decision is being made by the courts. The people no longer have the ability to decide the question. It has been forever decided for them.

That is the "liberal" problem with this decision. Since the 1930's, the Supreme Court has consistently held that economic regulations should not be decided by the court but should rather be handled by the legislatures making policy decisions. This case is an example (the union case today is another one) where the conservative court is making more economic regulations off limits for legislatures because of its own policy preferences. It is justifying these decisions on First Amendment Grounds, but its actual analysis involves a policy judgement.

(In response to this post by BocaHoo91)

Posted: 06/27/2018 at 6:29PM



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Current Thread:
 
  
SCOTUS destroying consumer protections today, too -- WahooMatt05 06/26/2018 1:37PM
  I think the ruling was the opposite -- WahooMatt05 06/26/2018 5:03PM
  No problem -- WahooMatt05 06/26/2018 9:09PM
  You're a good person 81. For a hokie :>) ** -- 111Balz 06/26/2018 8:46PM
  I think Matt is right -- NJHoo 06/26/2018 8:45PM
  They all thought SHE would win. ** -- ConnHoo 06/26/2018 9:12PM
  Radical transformation? lol ** -- 111Balz 06/26/2018 3:32PM
  ...actually it was fundamentally transform...my bad ** -- Tuckahokie 06/26/2018 3:50PM
  Perhaps you would share with us what fundamental -- 111Balz 06/26/2018 3:55PM
  What law and proclomation was that? ** -- 111Balz 06/26/2018 4:08PM
  I am referring of course to DACA -- MaizeAndBlueWahoo 06/26/2018 4:18PM
  Well I assumed it was that or pot or immigration -- 111Balz 06/26/2018 8:21PM
  Was it? ** -- 111Balz 06/27/2018 08:35AM
  Es diferente ** -- WahooMatt05 06/26/2018 5:36PM
  Time and tide wait for no man ** -- Hoo TV 06/26/2018 3:27PM
  They certainly did -- MaizeAndBlueWahoo 06/26/2018 3:25PM
  Sure the citizens should decide by -- walkthecorner 06/26/2018 3:37PM
  I am sure this a gotcha moment but -- walkthecorner 06/26/2018 4:23PM
  Unfortunately, both are problematic -- MaizeAndBlueWahoo 06/26/2018 4:24PM
  I agree was off the cusp response since -- walkthecorner 06/26/2018 5:10PM
  Agreed. ** -- Hokie5150 06/26/2018 4:56PM
  Uh, that's not what that law did -- MaizeAndBlueWahoo 06/26/2018 3:03PM
  Sorry for the late reply -- BonsackHoo 06/27/2018 6:29PM
  Seems fair to get rid of that law too -- MaizeAndBlueWahoo 06/26/2018 3:31PM
  Because.....freedom. ** -- Seattle .Hoo 06/26/2018 3:49PM
  I sure don't think there are. I just said "if." -- MaizeAndBlueWahoo 06/26/2018 3:46PM
  Because this is about giving people in crisis -- 111Balz 06/26/2018 4:07PM
  No, why would you ask that? ** -- 111Balz 06/26/2018 8:22PM
  Because it's about giving people in crisis -- MaizeAndBlueWahoo 06/26/2018 10:13PM
  Lots of forced speech is required -- WahooMatt05 06/26/2018 3:16PM
  Big difference -- MaizeAndBlueWahoo 06/26/2018 3:23PM
  Maybe Planned Parenthood v Casey is a better example -- WahooMatt05 06/26/2018 4:58PM
  So do you look that up in the yellow pages? ** -- 111Balz 06/26/2018 8:25PM
  Www.plannedparenthood.org -- BocaHoo91 06/26/2018 8:32PM
  Glad to see we agree ** -- BocaHoo91 06/26/2018 8:40PM
  Hey, that's great! ** -- 111Balz 06/26/2018 8:41PM
  Boo hoo snowflake ** -- TomKazanski 06/26/2018 2:22PM
  What makes it a horrible decision? ** -- Hokie5150 06/26/2018 3:30PM

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