Law360, New York ( May 15, 2014, 7:40 PM EDT) -- The First Amendment guarantees both "the right to speak freely and the right to refrain from speaking at all."[1] Commercial speech has long been afforded lesser protection under the First Amendment,[2] though some recent U.S. Supreme Court decisions may signal that the commercial speech doctrine's days are numbered. In the meantime, federal courts are divided over how First Amendment protections should apply to forced commercial speech — mandatory warnings, informational disclosures and other messaging imposed on private parties. The en banc D.C. Circuit will soon resolve key questions about what leeway the government has to force private parties to engage in speech, an issue that may ultimately end up before the Supreme Court. As governments around the country consider varied and novel disclosure and informational obligations, these legal principles will be critical....
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