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In the US, commercial free speech has less protection under the First Amendment than noncommerical speech. Eg, Nike v. Kasky established that in California commercial free speech is (at least currently) subordinate to false advertising laws, in that information in Nike press releases is not immediately protected under the First Amendment.

In reading your posting, it appears that you have merged two meanings of "business." The first use is "legal for businesses to lie" as different from "every other people." This implies that you are talking about a specific legal entity, eg, a limited liability corporation, as something different than a human being.

The second is '"Business" is just a common name for people', which implies that don't see a business as anything other than a non-empty set of human beings.

You should be more clear about what you mean, but in this case it doesn't make a difference. The courts haven't made a distinction between a corporation and a human being making the commercial speech, so the point is moot.

See http://hstlj.org/articles/a-brief-history-of-the-commercial-... for a brief history of commercial speech doctrine which is relatively readable. (Most of the ones I came across were much denser reading.)

You should note that the lesser protection of commercial speech includes the ability of government to prohibit the advertisement of illegal transactions, even if there is no misrepresentation. Eg, it is illegal to advertise cigarettes to children, even though it is legal for you, under free speech, to carry a sign saying "children should smoke Virginia Slims". The distinction is the goal - is it to sell a product, or an expression of your political, religious, or other beliefs? Should this go to court, the court would look at various factors, like if you're being paid to carry the sign.

Similarly, and to get away from a vice-related topic, it's illegal to sell your vote or to offer to buy or sell votes (see http://www.slate.com/articles/news_and_politics/net_election... ), but if you were at an oil industry protest with a sign saying "I'll sell my vote to ExxonMobil for $6 million" (that being the amount they spent on lobbying last year), then that's clearly political speech.



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