Download JOUR3060 PP Ads and Commercial Expression

Advertising, Commercial Expression,
& the Regulation of Public Relations
Communication Law & Regulation
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“Advertising” and “Commercial Expression”: an
expression which proposes a transaction
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That which materially affects a corporation’s business, property
or assets
Issues to consider: who is speaking? Is that speech protected?
Traditional View: no protection
Current Standard: truth in advertising
Traditional Legal View – No Protection
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Valentine v. Chrestensen (1942)
Breard v. City of Alexandria (1951)
Federal Trade Commission v. Colgate-Palmolive (1965)
Federal Trade Commission v.
Colgate-Palmolive (1965)
Advertisements – “Truth in Advertising”
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Public Interest Test:
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1) Is the information truthful, and not misleading?
2) Does the advertisement concern a legal and lawful activity?
Then….
Advertisements – Constitutional Protection
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New York Times v. Sullivan (1964) lead-in case
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Bigelow v. Commonwealth of Virginia (1975) establish 1st
Amendment protection for ads
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Virginia Board of Pharmacy v.Virginia Citizens Consumer
Council (1976) first application of 1st Amendment
protection of commercial expression
Advertisements – Can it be restricted?
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Central Hudson Gas & Electric Corp v. Public Service
Commission (1980)
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Central Hudson Test:
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1) Is the ad lawful and not misleading?
2) Is the asserted government interest in the regulation
substantial?
3) Does the regulation directly advance that government
interest?
4) Is the regulation not more extensive than necessary?
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Later modified by Board of Trustees of State University of NY v. Fox
(1989) – not a “least restrictive means” test
Advertisements – With Restrictions
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Condado Holiday Inn v.Tourism Company of Puerto Rico
(1986) gambling
Florida Bar v.Went-For-It Inc (1995) direct mail
Edge Broadcasting v. US (1993) gambling; govt interest
Greater New Orleans Broadcasting v. US (1999) gambling;
same statute
44 Liquormart v. Rhode Island (1996)
Lorillard Tobacco Company v. Reilly (2001)
Regulating Agencies
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Securities and Exchange Commission (SEC):
Food & Drug Administration (FDA):
Federal Trade Commission (FTC):
Corporate Speech & Campaign Financing
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Buckley v.Valeo (1976): Corporate Campaign
Expenditures
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First National Bank v. Bellotti (1978): Corporate Political
Expression
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Citizens United v. Federal Election Commission (2010)
Corporation free speech regarding political
campaign contributions
Citizens United vs.
Federal Election Commission (2010)