Ripensare i limiti. La pubblicità nella moda fra manifestazione del pensiero e libertà imprenditoriale

The article tries to offer several arguments as whether the advertisement activity can be protected by the freedom of expression rather than the freedom of trade. There are valid arguments in support of either side of this issue. Traditionally both Italy and other European states have shared the vision that advertisement is an essential part of business activity and hence it can not aspire to the analogous level of protection guaranteed by freedom of expression. However scholarship and several relevant courts have changed their approach. They emphasize other outlines of commercial speech like informational aims or artistic elements which can involve it in the freedom of expression. A case in point can be the jurisprudence of the U.S. Supreme court but even that of the Strasbourg Court can be crucial and helpful.