An unheralded Supreme Court decision that could end up changing a lot

http://www.nytimes.com/2015/08/18/us/politics/courts-free-speech-expansion-has-far-reaching-consequences.html?ribbon-ad-idx=5&rref=homepage&module=Ribbon&version=origin&region=Header&action=click&contentCollection=Home%20Page&pgtype=article

This ruling, if I read this article correctly could broadly strike down regulations that are designed to limit certain types of speech, going well beyond the original issue. If this is applied the way it could be, it could, for example, throw out FTC regulations on making false claims, under this rule by singling out commercial advertisements, such a law could be held to be limiting speech, since for example a person could claim to be the best basketball player in the world, could claim any kind of things, and would be allowed to do so under the first amendment. Given that the Supreme Court has already ruled that corporations and businesses are in fact people, in Citizens United, this could argue that restricting advertisements like this would be unfair suppression of the first amendment, since businesses would be subject to different standards. The FTC regulations that through a no call list stops people from calling you with unsolicited robo calls? Same thing, if they allow any kind of robo calls (non profits, political calls), then why should that real estate firm selling condos in florida or the time share place or the cheap health insurance plan not be able to call you? Likewise, this could also allow securities firms to sell things like mutual funds and the like, without all the disclaimers when they talk about performance and such (where it says, for example, that past returns won’t necessarily reflect future ones), all kinds of things could be impacted here.

Herbal remedies claiming they cure cancer, the common cold, or whatnot? Same thing, under close scrutiny it could be held to violating their right to free speech, since it is stopping them from using their right to speech specific to them, as compared to let’s say a drug manufacturer who can advertise a drug that works on psoriasis.

Hopefully a case like this will be brought up, for example commercial advertising, and SCOTUS will narrow the original decision to not include broad categories, but that could be a close decision, too, depending on how certain judges vote.

Interesting, but I think it will be limited when a case comes up involving speech that a majority of the Justices don’t like.

@hunt-
I suspect there will be a clarifying of Reed, because especially when it comes to advertising this law could be a disaster area. Plus, I wonder how people will react when the FTC regulations banning blind calling to people on the no call list (or cell phone users) get overturned and they are flooded with telemarketing calls This also could allow securities firms to claim crazy returns on investments, and could allow drug manufacturers to advertise drugs for uses that have not been proven true, or allow the supplements industry to claim in their advertising that it ‘cures this’ and ‘prevents that’ when they don’t.