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Freedom of Speech.** Wandering Dago, Inc. (WD), operates a food truck in Albany, New York. WD brands itself and the food it sells with language generally viewed as ethnic slurs. Owners Andrea Loguidice and Brandon Snooks, however, view the branding as giving a “nod to their Italian heritage” and “weakening the derogatory force of the slur.” Twice, WD applied to participate as a vendor in a summer lunch program in a state-owned plaza. Both times, the New York State Office of General Services (OGS) denied the application because of WD’s branding. WD filed a suit in a federal district court against RoAnn Destito, the commissioner of OGS, contending that the agency had violated WD’s right to free speech. What principles apply to the government’s regulation of the content of speech? How do those principles apply in WD’s case? Explain. [*Wandering Dago, Inc. v. Destito*, 879 F.3d 20 (2d Cir. 2018)] (See Business and the Bill of Rights.)

Sagot :

Martebi

The principles that apply to the government’s regulation of the content of speech is known to be the principle of commercial speech that is  violated by the government agency.

The  principles apply in WD’s case is that there is a burden of proof of beyond a reasonable doubt to the issue of credibility.

What is considered commercial speech?

The term “commercial speech” is known to be a word that connote a kind of speech that is printed as well as being broadcast over the tv or the Internet.

Note that as discussed under the “Commercial Speech Doctrine,” a state is one that is seen to totally hinder misleading advertising and may therefore act to impose restrictions if the specific content or means that was used in the advertising is very misleading or if experience shown in the advertising is subject to abuse.

Therefore, The principles that apply to the government’s regulation of the content of speech is known to be the principle of commercial speech that is  violated by the government agency.

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