logoalt Hacker News

ethintoday at 2:27 AM0 repliesview on HN

> That’s not a Carte Blanche that forbids the government from everything.

I never said it was. Yes, commercial speech has diminished protections, but it is not annulled. It is still protected to a degree, even if less than ordinary speech. You may consider selling a game to someone and then shutting it down Fraud, but I somehow doubt the supreme court would agree with you (although you might be able to convince a lower circuit court to). Compelling speech is usually something that undergoes strict scrutiny. Compelling commercial speech requires that you pass the test established in Central Hudson Gas & Electric Corp. v. Public Service Commission (unless SCOTUS decides on one of it's random whims to overturn that ruling, which for all we know it might).

Don't get me wrong: I am in no way anti-regulation. But compelling speech is something that needs to be handled carefully.

Edit: removed the strawman thing (that was inaccurate and I apologize for the accusation).