Question

Advertising & the First Amendment

The question is often asked: Does the First Amendment protect advertisements? Advertising is indeed protected by the First Amendment of the U.S. Constitution. However, advertising or "commercial speech" enjoys somewhat less First Amendment protection from governmental infringement than other types of speech. Should this be the case? How should advertising be regulated? By who? Why? "Your posting should contain at least 200 words of quality discussion."

Answer 1

The first amendment gives protects to the freedom of speech, establishment of a religion, peaceful assembly of a crowd etc. It gives both the authority and protection from actions that help us in voicing opinions. Supreme Court has also expanded the rights to Internet speech-including written, visual and spoken expressions. However, it does not offer protection in case of obscene speech or Speech that incites harmful action (Schenck v. the United States, 249 U.S. 47 (1919))

Advertising is commercial speech and is indeed protected by the first amendment though to a lesser degree (Central Hudson Gas & Electric Corp. v. Public Service Com). The government has a substantial interest in the welfare of the society and the freedom of business population in general. Hence it is necessary to protect them from dictatorship, power play, and suppression. Commercial speech is aimed at profits and there is a possibility of misleading people either consciously or unintentionally. The federal government should protect competition, Consumers and the society in the long run. The state must also be given the flexibility to regulate speech in accordance with changing dynamics of the society. Hence there needs to be regulation and an authority to keep a check on advertisers.

Advertising should be regulated by an independent agency free of political clout. The regulation must be such that to balance the various interests of the stakeholders and the society, both short term and long term e.g. consumers, producers, healthcare providers (junk food ads) etc

Since the federal trade commission is already working for the protection of consumer and competition is rights in commercial transactions, it would be the right choice as an authority to regulate advertising. As a single organization, it would be able to integrate and offer a holistic approach towards regulation and establishing guidelines. Disputes arising in this arena can also be handled by them, resulting in one stop place for several activities related to commercial transactions