Protection of commercial expressions under freedom of expression: The instance of supreme court of The Unites States

One of the consequences of commercialization and the resulting increase in the role of the advertising industry in modern society is the change and transformation of certain concepts related to human rights. The emergence of the doctrine of "freedom of commercial expression" discussed in this study and the expansion of the scope of freedom of expression to include commercial expressions is an example of this situation. Within the scope of this study, the decisions of the Supreme Court of the United States and the academic resources that emerged within this framework were examined due to their pioneering role and rich accumulation in the emergence of the aforementioned doctrine. The study first addresses what the concept of commercial expression encompasses and how it can be distinguished from non-commercial expressions as a starting point for understanding the scope of commercial expressions within freedom of expression. It then examines various perspectives on whether commercial expressions are protected under freedom of expression, based on the foundations of freedom of expression and the values it protects. Finally, it examines the criteria used by the Supreme Court of the United States to determine whether an interference with commercial freedom of expression is consistent with the First Amendment to the U.S. Constitution, which protects freedom of expression, and how these criteria have evolved over time.