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Ellen, Lawyer
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Pursuant to the commercial speech doctrine under U.S. constitutional

Resolved Question:

Pursuant to the commercial speech doctrine under U.S. constitutional law:
commercial speech is not constitutionally protected since the motive is for business to make money
commercial speech is given the same degree of protection as political speech since it is speech
commercial speech is not constitutionally protected since most commercials on television, especially around dinner-time, are loud, annoying, and gross
the advertising and marketing of adult, vice-like products and services, such as tobacco, liquor, and gambling, can be constitutionally protected.

Chavez is a manager of X Corporation. Another company asks for a recommendation about a former employee of X, Burke, who is now applying for a job. The reference is sent to the new potential employer, where it is received and read by the HR director. It is very negative, and truthful in most respects, but inaccurate to some degree about Burke's attendance record. Burke does not get the job and sues Chavez for the tort of defamation. The likely result of such a lawsuit will be:

Burke will lose since the recommendation was not published to more people at the new potential employer.

Burke will prevail since he has been falsely maligned in part in the reference.

Burke will prevail since Chavez interfered with Burke's livelihood.

Burke will lose since Chavez typically would be protected by a conditional or qualified privilege assuming that that Chavez did not act with malice or bad faith.
Submitted: 5 years ago.
Category: Homework
Expert:  Ellen replied 5 years ago.

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