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Very nice posting and very persuasive analysis.
These super pro-business judges reject the holding of the Central Hudson decision (limiting the extent to which the first amendment protects commercial speech) and think that corporations have full speech rights that individuals have. And they are trying to find ways to wield the "compelled speech" concept everywhere
they can (as though requiring product warnings is the same as requring religious objectors to recite the Pledge of Allegiance in public schools). Some of them even believe that if we use the proceeds of cigarette taxes to put up government ads telling people of the dangers of smoking, that too is unconstitutional compelled speech. There is no reasoning with these folks.
Steve Sugarman UC Berkeley Law

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