understood in the case law. As set forth in Part II.B.2 above, the
Supreme Court's First Amendment "commercial speech" category is
much narrower than section 107's use "of a commercial nature;" it
does not encompass all profit-motivated or profit-making speech.
With the first factor's focus upon profit, fair use disadvantages much
noncommercial but profit-related speech. Noncommercial not-forprofit
speech is advantaged. The First Amendment does not
countenance such a divide.21 8