It is axiomatic that the freedom of speech is vitally important to our democratic society and that being able to criticize the government is at the core of this freedom. Yet government officials are constantly inventing new ways to limit such criticism, particularly with respect to regulatory and tax burdens.
Case in point: In April 2011, the Department of Transportation imposed several new pricing regulations on the airline industry, most burdensome of which is that airline advertisements must now “prominently” feature the “total price” of the advertised fare, inclusive of all taxes and fees. Any information highlighting the part of the price constituting the government’s cut “may not be presented in the same or larger size as the total price.” This font regulation (!) means that the tax-and-fees portion often can’t be displayed whatsoever or, at most, is relegated to a small and non-obvious size and placing.
Three low-cost carriers, Spirit, Allegiant, and Southwest, have challenged the regulations because they’re now largely unable to prominently identify, and thus criticize, the excessive and ever-growing portion of fares attributable to taxes, fees, and airport facility charges. The airlines contend that the regulations violate the First Amendment and also raise broader questions regarding the treatment of commercial speech.
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