Meaning: The quote "Commercial speech is like obscenity... we can't seem to define it, but we know it when we see it" by Jef Richards, an American marketing professor, captures the complex and often subjective nature of commercial speech regulation. This quote draws a parallel between commercial speech and obscenity, suggesting that both are challenging to define but recognizable in practice. To fully understand this quote, it is essential to delve into the concept of commercial speech, its regulation, and the challenges associated with defining and identifying it.

Commercial speech refers to any communication that has the primary purpose of proposing a commercial transaction. This encompasses advertisements, promotional materials, and marketing communications aimed at selling products or services. Unlike non-commercial speech, which is protected by the First Amendment of the United States Constitution, commercial speech enjoys a lesser degree of constitutional protection. The regulation of commercial speech involves balancing the interests of businesses to promote their products and services with the need to protect consumers from false or misleading advertising.

The comparison to obscenity in the quote highlights the elusive nature of defining commercial speech. Obscenity, often associated with sexually explicit or offensive content, has also been a subject of legal and moral ambiguity. The quote suggests that, similar to obscenity, commercial speech defies clear-cut definition. This can be attributed to the evolving nature of advertising and marketing practices, as well as the diversity of communication channels through which commercial messages are disseminated.

One of the key challenges in defining commercial speech lies in distinguishing it from non-commercial or expressive speech. While some communications clearly fall into the category of commercial speech, such as traditional advertisements, other forms of communication may blur the line between commercial and non-commercial expression. For example, product placements in movies or sponsored content on social media platforms may present complexities in determining their classification as commercial speech.

Another aspect of the quote emphasizes the intuitive recognition of commercial speech. Despite the difficulty in precisely defining it, individuals, regulators, and courts often can identify commercial speech when encountered. This intuitive recognition is based on the context, intent, and content of the communication. Commercial speech typically features promotional language, references to specific products or services, and a commercial motive, which collectively signal its commercial nature.

The regulatory framework surrounding commercial speech further underscores the challenges highlighted in the quote. The U.S. Supreme Court has established guidelines for assessing the constitutionality of commercial speech regulations, balancing the government's interest in protecting consumers with the rights of advertisers to convey their messages. The Court has articulated that commercial speech must be truthful, not misleading, and related to lawful activities to receive constitutional protection. However, the application of these principles to specific cases often involves nuanced considerations and subjective judgments.

In the digital age, the landscape of commercial speech has become even more intricate. Online advertising, influencer marketing, and native advertising have introduced new dimensions to the realm of commercial speech, necessitating a reevaluation of regulatory approaches. The blending of commercial and non-commercial content in digital media presents challenges in enforcement and raises questions about the applicability of traditional regulatory frameworks to modern advertising practices.

In conclusion, Jef Richards' quote encapsulates the enigmatic nature of commercial speech, drawing a thought-provoking parallel to the challenge of defining obscenity. The quote underscores the complexity of regulating commercial speech, the difficulties in delineating it from non-commercial expression, and the intuitive recognition of its presence. As commercial communication continues to evolve, the quote serves as a reminder of the ongoing discourse and deliberation surrounding the definition and regulation of commercial speech in contemporary society.