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Bolger v. Youngs Drug Products Corp. (Doc. #: 81-1590) (1983)  [Findlaw]

Secondary Link Bolger v. Youngs Drug Products Corp.  [Legal Information Institute]
Argument Date 01/12/1983
Decided 05/24/1983
Supreme Court Vote 8-0
Note This case is important because it addresses the threshold question: what is commercial speech?
Supreme Court Ruling First Amendment claim sustained
IssueWhether a federal law prohibiting the mailing of unsolicited advertisements for contraceptives violates the First Amendment.
Majority Opinion Marshall, J. (Brennan, J., did not participate)
Concurring Opinion Rehnquist, J. (joined by O'Connor, J.), & Stevens, J.
Lower Court United States District Court, District of Columbia
Lower Court Ruling First Amendment claim sustained
For Petitioner
David A. Strauss (for Appellant)

For Respondent
Jerold S. Solovy (for Appellee)

For Amicus
Michael L. Burack, Charles S. Sims & Janet Benshoof (for ACLU)

Robert D. Joffe, Eve W. Paul & Dara Klassel (for Planned Parenthood Foundation)

Brody, Steven G. & Johnson, Bruce E. H., ADVERTISING AND COMMERCIAL SPEECH: A FIRST AMENDMENT GUIDE (2ND ED., 2006), sect.4.4
Chemerinsky, Erwin, & Fisk, Catherine, "What is Commercial Speech? The Issue Not Decided in Nike v. Kasky," 54 Case Western Reserve Law Review 1143 (2004)
Collins, Ronald & Skover, David, "Foreword: The Landmark Free-Speech Case That Wasn't: The Nike v. Kasky Story," 54 Case Western Reserve Law Review 965 (2004)
Collins, Ronald, & Skover, David, THE DEATH OF DISCOURSE (1996), pp. 69-135
Gartner, Michael G., ADVERTISING & THE FIRST AMENDMENT (Priority Press, 1989), pp. 19-26
Johnson, Bruce, & Fisher, Jeffrey, "Why Format, Not Content, is the Key to Identifying Commercial Speech," 54 Case Western Reserve Law Review 1243 (2004)
Kozinski, Alex, & Banner, Stuart, "The Anti-History & Pre-History of Commercial Speech," 71 Texas Law Review 747 (1993)
Lin, Laura, "Corporate Image Advertising & the First Amendment," 61 Southern California Law Review 459 (1988)
Shiffrin, Steven, "The First Amendment & Economic Regulation," 78 Northwestern University Law Review 1212 (1983)
Vladeck, David, "Lessons from a Story Untold: Nike v. Kasky Reconsidered," 54 Case Western Reserve Law Review 1049, 1080-1085 (2004)
Weinstein, James, "Speech Categorization & the Limits of First Amendment Formalism: Lessons from Nike v. Kasky," 54 Case Western Reserve Law Review 1091 (2004)
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