How does the First Amendment protect commercial speech?

The First Amendment protects commercial speech by providing limited protections that allow for regulation, particularly concerning false or misleading advertising. This means that while commercial speech, which includes advertising and marketing communications, is afforded some level of protection under the First Amendment, it is not as comprehensive as the protections granted to non-commercial speech (like political speech).

The government can enact laws and regulations to ensure that commercial speech is truthful and not misleading. This means that advertisements must adhere to certain standards, promoting accurate information about products and services. As a result, regulations can exist to prevent deceptive practices, which serves to protect consumers and maintain fair competition in the marketplace. This balance between protecting free speech and allowing for regulation ensures that individuals and businesses can engage in commercial activities while also being safeguarded against fraudulent claims.