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by DannyBee 923 days ago
The limits of this kind of commercial speech are very well settled.

Misleading commercial speech has no first amendment protection.

Tesla is just trying to generate news

2 comments

Agreed.

First amendment protections should only apply to individuals anyway. Tesla doesn’t have a sane argument here since Tesla is not a person.

(I recognize there’s a whole bag of worms around corporations and attempts to treat them like individuals in the eyes of the law.)

That logic doesn't pass muster. Imagine if a state passed a similar law and then started piling fines on newspapers for misleading reporting.

Clearly, the mere fact that the newspaper is a corporation doesn't dissolve its speech rights (nor should it).

The US Supreme Court says that corporations are people, and therefore every civil right that applies to humans applies to corporations. I suppose that will make things easier for aliens (if they ever move to Earth) to have the same civil/legal rights as humans. I guess replicants will all need to incorporate in order to avoid being slaves (to avoid a Bladerunner future).
The supreme court said that people don't lose their first amendment rights just because they form a political advocacy group.
They also literally said “corporations are people”.
Corporations are groups of people. And citizens united was a political advocacy group.
That's patently false. The Fifth Amendment right against self-incrimination, for example, doesn't apply to corporations.
Like with the Pepsi jet commercial?