American Future Systems, Inc. v. State University of New York College

McCURN, District Judge.

In one of the early Supreme Court cases involving what would now be called “commercial speech”, the majority and two dissenting Justices were in confident agreement that a seller of mere “pots” or “gadgets or brushes” could claim no First Amendment protection for the hawking of such wares. Breard v. City of Alexandria, La., 341 U.S. 622, 641, 650 n. *, 71 S.Ct. 920, 932, 936 n. *, 95 L.Ed. 1233 (1951). Since that time, the scope of protection accorded to commercial speech has expanded greatly, though by no means steadily. In this suit the Court must apply current…