Rediscovering Liberty of Contract: The Unnoticed Economic Right Contained in the Freedom of Speech
The liberty of contract formation is a form of speech, and thus it is a right guaranteed by the First Amendment of the U.S. Constitution.This Article examines how the First Amendment secures the liberty of contract formation and analyzes how that liberty is supported by the U.S. Supreme Court’s commercial speech jurisprudence and by both originalist and traditionalist theories of Constitutional interpretation.
Steven C. Begakis, Rediscovering Liberty of Contract: The Unnoticed Economic Right Contained in the Freedom of Speech, 50 LOY. L.A. L. REV. 57 (2017).