ABSTRACT
This chapter offers a general challenge to anti-commodification theorists. It hypothesizes that their problem is not really with what is being sold, but how it's being sold. The United States Constitution includes, as the First Amendment, a guarantee to freedom of speech. The United States Supreme Court has seen fit to distinguish three different kinds of speech, each receiving a different level of protection. 'Obscenity' gets very little protection, 'Commercial speech', receives intermediate scrutiny, while political and expressive speech gets the highest level of protection. The analogy is not that political and expressive speech acts are like market exchanges. Some markets have a fixed price, like at your local Walmart. Other markets have prices that you are expected to haggle over, like at a garage sale. Elizabeth Anderson says Commercial surrogacy substitutes market norms for some of the norms of parental love. Markets are a bit like guitar amplifiers.
