First Amendment; Freedom of Speech; Commerical Speech and Advertising; Metpath, Inc. v. Imperato

Abstract

The decision of Metpath, Inc. v. Imperato is indicative of the growing trend of the judiciary toward affording commercial speech the protective shield of the first amendment. As shown by Metpath, where the concern is advertising by a medical clinic, speech with commercial overtones is afforded protection where a public interest in the subject and content of the speech is demonstrated. However, the perimeters of such protection have not been defined by this or previous decisions

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