Value: Progress 1. www.victorybriefs.com, pg. 40, cc. 1999 "Even if speech about economic choice was not essential to the functioning economic democracy, it would be entitled to special protection because it is among the most potent conveyors of information and ideas in modern society." --Burt Neuborne, New York University Law Professor, Summer 1988 Criterion: Mill's Utility 2. On Liberty, The World's Greatest Thinkers: Man and the State, pg. 145 "I regard utility as the ultimate appeal on all ethical questions; but it must be utility in the largest sense, grounded on the permanent interests of a man as a progressive being." --John Stuart Mill 3.Situation Ethics, cc. 1966, pg. 59 "It is doubtful if any act is right 'in itself.' Every act is a link in a chain of causes and effeccts. It cannot be said that it is wrong to take away a man's possessions against his will, for that would condemn all taxation-or the removal of a revolver from a homicidial maniac; neither of these is stealing-which is always morally wrong, though high authority has held that a starving man may steal a load rather than die of hunger." --Joseph Fletcher, Professor of Philosophy at Harvard Contention One: Social Progress is achieved through commercial free speech. 4. On Liberty, pg. 16, cc. 1978 "If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing one person that he, if he had the power, would be justified in silencing mankind." --John Stuart Mill 5. Advertising and the First Amendment, cc. 1989, pg. 9 "The free market economy and our democratic system are inseparable. In a democracy, if people are to make their own personal, economic, and intelligent choices, there must be a free exchange of commercial opinion and information." --Michael Gartner 6. Free Speech in an Open Society, cc. 1992, pg. 13 "Democratic values and openess are at times in conflict. For while openess is an aid to democracy, the democratic process will on occasion produce majority decisions that squelch the speech of the minority. When this conflict of value occurs, a society will be both more stable and more free in the long run if openess values prevail." --Rodney A. Smolla Contention Two: Cultural progress is gained through commercial free speech. 7.Free Speech in an Open Society, cc. 1992, pgs.4-5 "A society that wishes to take openess seriously as a value must therefore devise rules that are deliberately tilted in favor of openess in order to counteract the inherent proclivity of governments to engage in control, censorship, and secrecy." --Rodney A. Smolla 8. Provocateur, cc. 1999, pgs. 11-12 "Advertising packages our emotions and sells them back to us. In other words, advertisign reflects (not affects) beliefs, values, and ideologies (Cultural beliefs that serve to justify social stratification)." --Anthony J. Cortese 9. Provocateur, cc. 1999, pgs. 11-12 "Advertising does not function by formulating values and attitudes on its own; rather it draws upon and redirects issues that the target audience or common culture already share." --Anthony J. Cortese 10. Provocateur, cc. 1999, pg. 11-12 "Advertising is indeed a very powerful social force. Nevertheless, it is clear to me that advertising caters to mass consumers much more than it actually changes their attitudes and behaviors." --Anthony J. Cortese Other: 11. "Is Commercial Speech Really Less Valuable than Political Speech?" in American Business Law Journal, Fall 1996, pg. 1-37 "In the last quarter century, commercial speech doctorine has emerged as one of the most important speech doctorines." --O. Lee Reed 12. "Pancakes and Politics" in Newsweek, Oct. 17, cc. 1994, pg. 86 "They contemporized the logo long ago, so it's not really an issue with me. What matters is whether their breakfast foods are good and they are." --Gladys Knight (Aunt Jemima)