Manipulation, Autonomy, and the First Amendment
The Supreme Court’s commercial speech doctrine is fundamentally based on the premise that advertising communicates information to consumers, allowing them to make more informed, autonomous choices. Many advertisers use marketing methods that solicit emotional and subconscious responses, taking advantage of consumers’ cognitive limitations and biases, rather than communicating information. Berman explores whether these marketing practices are entitled protection under the First Amendment, particularly when the products or activities being promoted are harmful to public health.
Institutional Repository Citation
Berman, Micah J.D., "Manipulation, Autonomy, and the First Amendment" (2015). Center for Law, Health and Society Events. 36.