... it's not that I think this should be considered commercial speech, just that I think it would be, regardless of whether it should be, because that would suit the perceived need of the government to "control" things.

>> In all of the commercial speech cases I recall reading (where it was given lesser
>> protection) we were talking about advertising or solicitation of business. This
>> is not a case of advertising, it is a case of a business expressing itself.

Of course, an argument can be made that LE chips are in fact both advertising and a solicitation for business (if that is truly significant).

And, another argument can be made that because a "business" is a legal entity, not a person, it is incapable of "expressing" itself separate and apart from its business purpose.

In any event, I'm not convinced that, as a general proposition, the government has any business "regulating" business (other than where public safety is concerned and even in that regard we have reached a level of over-regulation which is truly mind-boggling). There is certainly no justification for government to be micro-managing business to the degree evidenced by the chip review and approval process.

----- jim o\-S