Many courts found this test difficult to apply, and some of its most noteworthy applications have involved regulation of controversial goods and services, where the Supreme Court has expanded the constitutional protection of commercial speech through time. However, if truthful commercial speech relates to legal products, government must demonstrate (1) a substantial government interest (2) that is directly advanced (3) by regulations that “fit” the government interest. in 1980, the Court established that government may regulate advertising for false or deceptive advertising or advertising for illegal products. The Court’s commercial speech doctrine has shifted through time. Virginia Citizens Consumer Council, the Supreme Court recognized that advertising may contain information that approaches the importance of political speech it may provide information that is of the highest importance to some people.
However, in Virginia State Board of Pharmacy v. False and deceptive advertising, and advertising that does “no more” than propose a commercial transaction may be regulated. Since the 1970s, the Court has said that truthful commercial speech is protected to some degree. Initially, the Court exempted purely commercial speech from First Amendment protection and said such commercial speech did no more than propose and facilitate commercial transactions. The Court’s decisions in the past nearly 50 years have crafted an unclear definition of commercial speech or advertising. Sullivan, the transformation of commercial speech law was not noticeably significant until the 1970s. While a form of advertising was at the root of the Court’s 1963 libel decision in New York Times v. Valentine is typically used as a starting point to illustrate the Court’s view of commercial speech as subject to reasonable regulation. 8, Clause 3) explicitly allows Congress to regulate. Supreme Court long viewed advertising as an integral part of the commerce that the Constitution’s commerce clause (Article 1, Sec. Beyond mere promotion of consumption, advertising often contains information of importance to the public, and the desire to communicate that information deserves at least some First Amendment protection. Advertising is a kind of speech – indeed, it is commercial speech. Understanding the regulation of advertising requires an understanding that even the U.S. Chapter 12 is structured largely according to these categories. This three-pronged dynamic, however, is especially prominent in this area. The topic tends to resonate with students, perhaps because they attend closely – and too often uncritically – to today’s slickly packaged sales techniques or because its cases and situations deal with products with which they often are familiar.Īs with other areas of journalism and mass communication law, advertising is regulated through the courts, legislation, and agencies.
This area addresses the financial lifeblood of the media and the field of primary interest for students of marketing, advertising, and, to some degree, corporate public relations. Chapter 12 addresses the law that governs the intersection of commerce and speech: advertising.
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