Final answer:
The CAN-SPAM Act defines commercial messages as emails primarily intended for advertising or promoting a commercial product or service. Commercial speech, including such messages, is regulated to prevent fraud and protect consumers, and is less protected than other speech under the First Amendment.
Step-by-step explanation:
The CAN-SPAM Act defines commercial messages as any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.
Commercial speech has traditionally been afforded less protection under the First Amendment than other types of speech to ensure that claims about products or services are accurate and not misleading. This type of regulation reflects the government's interest in protecting consumers from fraud and businesses from unfair competition.
Laws such as CAN-SPAM are content neutral in that they regulate all commercial messages, rather than specifically targeting one type of commercial content over another. This approach aligns with the legal requirement that content-based limitations must serve a significant public interest, which, in this case, includes preventing spam and protecting consumers.