S.M. Oliva on Michael Jordan and the Nonsensical Commercial Speech Doctrine

Michael Jordan’s infamously petty and bitter
behavior has driven him into a prolonged court battle with Chicago
supermarket chain Jewel-Osco. At the heart of the matter is the
U.S. Supreme Court’s infamous “commercial speech doctrine,” which
S.M. Oliva calls “a convenient constitutional end-run for the
government to censor any speech it dislikes.” 

Interpreting this doctrine, the 7th U.S. Circuit Court of
Appeals recently suggested that there could be no First Amendment
protection for any speech by a business that so much as mentioned a
famous celebrity. But free speech shouldn’t stop where fame begins,
Oliva aruges. 

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