ABSTRACT
Most authors who describe commercial speech law assume it applies only to advertising. In this chapter we focus on the application of commercial speech law to public relations. We begin by defining commercial communication and pointing out that commercial speech law governs many public relations communication tactics. Following a comparison of law-and communication-based definitions of commercial speech we use the case of Nike v. Kasky to demonstrate that many traditional public relations tactics are commercial speech. We then describe the test articulated by the US Supreme Court in Central Hudson Gas and Electric. This test explains when governmental restrictions on commercial speech may be imposed without violating the First Amendment.
