Noting that the work of Jurgen Habermas has had an important influence on philosophy and the social sciences recently, this paper examines the implications of using Habermas's "ideal speech situation" as a criterion for deciding issues relating to the First Amendment. The paper first briefly reviews the distinctive features of critical theory, Habermas's work, and his notion of communicative competence. It then explores a specific issue in First Amendment law--the "commercial speaker" issue first raised in "First National Bank of Boston v. Bellotti"--and offers a detailed review of the case and the historical background and philosophical assumptions on which it was decided. Finally, the paper examines the implications of Habermas's communicative competence theory as it might be applied at a societal level. (FL)