IJ Issue
Commercial Speech
The Institute for Justice fights on behalf of entrepreneurs to uphold the deeply American values of free expression and free enterprise.
The First Amendment says that “Congress shall make no law . . . abridging the freedom of speech . . . .” But the U.S. Supreme Court has given short shrift to the speech of entrepreneurs by ruling that commercial speech can be treated more harshly than other forms of expression. As a result, courts too often uphold these kinds of speech restrictions even where there is no evidence that either a problem exists or that the government’s attempts at censorship would correct it.
It is time to end this artificial divide. Through our litigation, activism and strategic research, we seek to ensure that the First Amendment applies equally to all speakers and all messages, whether they are commercial or noncommercial, and that the government must always justify its attempts to keep consumers in the dark.
First Amendment Issues
Commercial Speech
The Institute for Justice fights on behalf of entrepreneurs to uphold the deeply American values of free expression and free enterprise.
First Amendment Retaliation
IJ Is Leading the National Fight Against Backdoor Censorship Accomplished Through Government Retaliation Against Speech In many ways, the First Amendment has never been more robust as a…
Occupational Speech
Government officials are increasingly relying on occupational licensing laws to stifle speech and infringe on the right to earn an honest living.
Political Speech
The Institute for Justice opposes censorship and strongly believes that an unfettered marketplace of ideas strengthens political discourse.
Sign Codes
Under the First Amendment, the government cannot play the role of critic and censor messages that it deems disagreeable.
Commercial Speech Cases
Commercial Speech | Economic Liberty | First Amendment | Sign Codes
Institute for Justice joins lawsuit defending family bar threatened with fines and even jail time for using “barbershop” theme to honor owners’ late father
Institute for Justice joins lawsuit defending family bar threatened with fines and even jail time for using “barber shop” theme to honor owners’ late father When Mike DiGiacomo and…
Commercial Speech | First Amendment
Equine Body Work Teachers Sue Wisconsin for Violation of First Amendment Right to Occupational Speech
Jim Masterson has been working with animals for almost 30 years. But Wisconsin said he can’t teach without subjecting Jim’s school to an all-encompassing review of everything from Jim’s curriculum to intrusive inquiries into his business model.
Commercial Speech | Economic Liberty | First Amendment | Occupational Licensing
Small Business Challenges Oklahoma's Unconstitutional Restrictions on Casket Sales
Small business challenges Oklahoma's unconstitutional restrictions on casket sales
Commercial Speech | First Amendment
Nazareth, Pennsylvania man sues over law criminalizing 'for sale' signs on cars parked on streets
Nazareth, Pennsylvania criminalizes the act of putting 'for sale' signs on cars that are parked on the street. Nazareth resident Will Cramer has teamed up with the Institute for Justice to file a lawsuit challenging this law.
Commercial Speech | Economic Liberty | First Amendment
Small Business Owner Sues Illinois for the Right to Help Property Owners Claim Their Lost Property
Illinois demanded David Knott get a private detective license—complete with training in crime scenes and firearms—just to help people recover their forgotten property.
Commercial Speech News
Oklahoma Small Business Files Lawsuit Challenging State’s Unconstitutional Restrictions on Selling Caskets
OKLAHOMA CITY—Today, a Hughes County small business filed a lawsuit challenging an Oklahoma law that arbitrarily restricts who can and cannot sell caskets in the state. Caskets of Honor owners…
New Hampshire Town Agrees to Not Enforce Sign Code Against Bakery, Ending First Amendment Lawsuit
CONWAY, N.H.—On Friday, Leavitt’s Country Bakery and the town of Conway, New Hampshire reached a settlement agreement resolving all the outstanding issues in the bakery’s First Amendment…
Victory: Federal Court Rules New Hampshire Town’s Attempt to Force Bakery to Take Down Donut Mural ‘Unconstitutional’
CONCORD, N.H.—On Monday, U.S. district court judge Joseph Laplante ruled that Conway, New Hampshire’s attempt to force a local bakery to take down a mural of donut…
Small Business Owner Suing Illinois Over Absurd Licensing Requirement Gets First Round Victory
ARLINGTON, Va.—David Knott helps rightful owners reclaim their property from state governments across the nation, but not in Illinois. In Illinois, David can only help people if he gets a private…
Supreme Court Asked to Hear Case Challenging Mississippi’s Ban on Advertising Legal Medical Cannabis
WASHINGTON—On Friday, a Mississippi medical cannabis dispensary owner asked the United States Supreme Court to hear his case challenging the state’s ban on advertising legal medical cannabis businesses. Tru Source…
Court Upholds Mississippi’s Ban on Advertising Legal Medical Marijuana; Dispensary Owner Considers Next Steps
NEW ORLEANS—On Friday, the 5th U.S. Circuit Court of Appeals upheld Mississippi’s ban on advertising state-legal medical marijuana businesses, following a legal challenge from Clarence Cocroft, the…
Commercial Speech Research
Commercial Speech | Economic Liberty | First Amendment
Standards of Identity and Imitation Milk Labeling
The stated motivation for identity standards is to protect consumers from misleading claims and reduce confusion. However, identity standards with little flexibility may increase consumer confusion while limiting the ability of firms to differentiate…
Commercial Speech | Economic Liberty | First Amendment | Food Freedom | Food Freedom
Censorship and Sensibility: Does the First Amendment Allow the FDA to Change the Meanings of Words?
The question of whether the Constitution allows the government to change the meanings of words is receiving renewed interest in the aftermath of the FDA’s announcement that it intends to examine whether it should begin…