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Rubin v Coors Brewing Co

CASE CITATION: Rubin v. Coors Brewing Co. (514 US 476), 1995

"The rules and principals of commercial law are of ancient origin. Throughout the centuries merchants engaged in trade and commerce have recognized customs and usages which regulate and control their conduct. Gradually over the years a body of law developed..." (Robert & Corley, 312) Commercial speech arose in 1942 when the Supreme Court announced that the First Amendment does not protect it. As the years went on, on the "Bicentennial of our Republic", the Courts position was reversed and they declared that the First Amendment protects commercial speech. But they court did say that commercial speech should receive less protection then noncommercial speech. That brings us to the definitions of commercial and noncommercial speech.

"Noncommercial speech, embodied in the phrases 'freedom of speech' and 'freedom of expression,' is entitled to virtually full first amendment protection; hence, the speaker is

granted considerable latitude in stating a position...Commercial speech is generally

considered to be communications that have the sale of a product or service as their

ultimate goal. Content regulation of commercial speech is allowed to pr


Robert E. Rubin, Secretary of the Treasury, Petitioner v. Coors Brewing Company (514 U.S. 476) 1995.

The decision in this case may also take a step toward the Supreme Court ruling that commercial speech should have the same protection as other speech, except, of course if the commercial speech is false or misleading. This case also has a major impact on the business world, for instance in advertising or marketing. Currently, companies or organizations can publicize any information about their products or services, as long as they are honest, not misleading, and not harmful to government interest. Since this case, marketers will have the right to publicize all kinds of information, even information that has been prohibited in the past (Cava, 3). Another way the case has had an effect, was on a preceding case. In an opinion by Justice Stevens in 44 Liquormart v. Rhode Island, he referred back to the case by saying, "Last term we held that a federal law abridging a brewer's right to provide the public with accurate information about the alcoholic content of malt beverages in unconstitutional. We now hold that Rhode Island's statutory prohibition against advertisements that provide the public with accurate information about retail prices of alcoholic beverages is also invalid" (517 U.S. 484, 1996). So in sum, there wasn't a drastic change in how the law is used from this case but it did have some effect on society, future cases, and governmental regulations. In my own opinion, I think information pertaining tot his case is very important, because advertising has a huge effect on society and plays a big role on influencing why what consumers buy.

LexisNexis Case Rubin and Coors



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Approximate Word count = 2760
Approximate Pages = 11 (250 words per page double spaced)


  

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