First Amendment jurisprudence incorporates a continual struggle to balance coflicting interests. Free speech values must be weighed against communitarian interests in a rational manner. The article examines the foundationalist approach to this task, and finds it incapable of providing a unified First Amendment theory. Through examination of the treatment of commercial speech, the article arrives at a more coherent approach through the application of practical reasoning. The proposed methodology allows for principled analysis and decisions which yield an internally consistent body of law.
42 Case W. Res. L. Rev. 411 1992