You Say Tomato, I Say Tomato In Dana’s Railroad Supply v. Florida Attorney General, Case No. 14-14427 (decided November 4, 2015), the United States Court of Appeals for the Eleventh Circuit addressed an interesting issue involving the application of the First Amendment to commercial speech. The Court concluded that the State of Florida was improperly regulating commercial speech by authorizing one type of conduct and penalizing other conduct when, in the Court’s view, there was no difference between the two types of conduct. In the Court’s view, the statute at issue drew a distinction merely over how the conduct was… Read more