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Corporate First Amendment Rights and the SEC
By Nicholas Wolfson

0-89930-450-8/978-0-89930-450-2

Description
In the 1970s the Supreme Court directly ruled for the first time that commercial speech is protected by the free speech clause of the Constitution. The Court, however, did not grant it the full protection afforded to political and artistic speech. The SEC regulates a vast array of corporate speech which it considers to be a type of commercial speech. In this book, Professor Nicholas Wolfson examines the SEC's considerable powers in the control of corporate information and argues that the Court's distinction between political-artistic speech and corporate speech is erroneous.

Reviews:
-Wolfson . . . challenges the main argument the justices have made to give less protection to commercial speech, the most important of which is the claim that the latter's truth or falsity is 'more verifiable' than the truth of political speech. . . . In contrast, the professor argues that the line between commercial speech and political speech is impossible to draw. . . . Wolfson offers plenty of evidence to show that SEC censorship does more harm than good. He likens battles for control of corporations to corporate democracy. . . . We can be grateful that bureaucrats haven't found a way to ban the good Prof. Wolfson from voicing his cogent opinions about how the Constitution is supposed to protect markets and ban censorship. —L. Gordon Crovitz Barron's
-The author offers a critique of the regulation of corporate speech and examines the SEC's powers in the control of corporate information, arguing that the Supreme Court's distinction between political-artistic speech and corporate speech is erroneous. He delineates the doctrine of commercial speech and outlines the court cases that have determined the status of SEC speech. There is an analysis of the law and economics literature on commercial speech. —Business Information ALERT
Endorsement From George W. Bermant Gibson, Dunn & Crutcher Lawyers
[Wolfson's] book will be an invaluable resource for all who believe in the First Amendment and in defending corporations, investors, and critics from governmental (in this case the SEC) determination of economic orthodoxy and bounds of permitted comment. In addition to being an excellent sourcebook, it is written in a sprightly and fascinating style. It is fun to read.
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0-89930-450-8 978-0-89930-450-2 Corporate First Amendment Rights and the SEC £59.95    
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