Only recently' has the Supreme Court given First Amendment protection to commercial speech. Initially, the Court refused to extend constitutional protection to commercial utterances. In Valentine v. Chrestensen, the Court, without citing any precedent, held that "we are equally clear that the Constitution imposes no such restraint on government as respects purely commercial advertising." However, soon after the Chrestensen decision, in the wake of post-war economic development, the Court began to express doubt about its validity. This doubt eventually culminated in Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council.
Robert T. Cahill Jr.,
City of Cincinnati v. Discovery Network, Inc.: Towards Heightened Scrutiny for Truthful Commercial Speech?,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol28/iss1/8