Heres How 2257 Should Be Addressed

[RawAlex]

Sadly, I suspect the courts will slice down the line between commercial and non-commercial speech, and come to the conclusion that commercial speech can be regulated in ways that are different from individual free speech.

The logic follows: While you cannot regulate an individual mowing his lawn, you can create a licensing and inspection protocol for commercial lawn maintenance companies. You can subject the equipment they use to stringent inspections that would not be required of individuals mowing their lawn.

A fine example is the transport industry. While all drivers require a drivers license, commercial use vehicles are subject to stricter standards, documentation, inspection, and so on. While an individual car owner is not required to identify themselves on their car (beyond the license plate) commercial carriers are often required to name the company and cite licenses, permits, and other items on the vehicle.

I am hoping that EFF's opinion on this is the winning card, or that the courts rule that the law is overbroad. But I suspect they will find a way to both not limit free individual speech while trying to maintain the government's interest in the deal.