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Constitutional Law

Jun. 10, 2003

State Fraud, False-Advertising Laws May Violate Constitution

Focus Column - Constitutional Law - By Thomas H. Clarke Jr. - On May 5, the U.S. Supreme Court handed down Illinois v. Telemarketing Associates , 2003 DJDAR 4867 (U.S. May 5, 2003). The case radically transforms the First Amendment protection provided to commercial speech, a subject that many observers had believed that the court would address in the just-argued case of Nike v. Kasky , 27 Cal.4th 939 (2002), cert. granted, 154 L.Ed.2d 767 (2003).

        
        Focus Column
        
        Constitutional Law
        
        By Thomas H. Clarke Jr.
    &nb...

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