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Public Broadcasting System. He maintains that actually, in this country, “We block a lot of speech,” and advertising “is low in the hierarchy of First Amendment values.”
This argument didn’t hold any water at all for Professort Burt Neubome of New York University, an attorney “usually on the same side,” according to Mr. Shiffrin. Mr. Neubome argues that the issue here goes far beyond commercial speech and concerns this principle: “Do you use speech controls to try to get people to behave in different ways?”
“Censors always tell you,” Mr. Nuebome said, “that people will be better off if they don’t get this information . . . but that’s what the First Amendment says we’re not supposed to do.”
Attorney Victor Kovner then weighed in with the proposition that no one had any quarrel with the regulation — or even banning — of misleading advertising, but that Mr. Shiffrin was “seeking to outlaw truthful information” — such as ads, for instance, that compare the tar content of various cigarettes. Mr. Kovner asserted that free speech “is central to what it means to be a free people, to live under self-government.”
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