comm 168 - comm. 168 04/01/2010 19:05:00 Comm. 120- group...

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Unformatted text preview: comm. 168 04/01/2010 19:05:00 Comm. 120- group comm. Bryant 330-445 Comm. 146- mass media images with huppin! 2-3:15 Comm. 150- comm. research Peterson 3-450 Comm. 156- social networking- steve Peterson, 12:30- 1:45 Comm. 167- sex, politics, and race- free speech on campus, Thursday night class January 4, 2010 CS 168- Free Speech in Advertising Week 6- midterm Office hours- here after class, or during break, or email Midterm- 40%, final- 60% cumulative Hypotheticals Final= March 15 630-930 First handout- not tested on 1 st amendment- not absolute. IRAC Issue- whats the interst with the first amendment, why are the two parties here? Rule- legal principle the judge comes up with Analysis- applying rule to the two scenarios Conclusion- four different highlighted colors Were reading judge created, common law cases Jury- 5 out of 9. Less than 5= not binding Remand- bringing it back to the trail court. Definition of commercial speech- intermediate scrutiny. There is protection, not 100%. Certain things the court cannot regulate. Speech that proposes no more than a commercial transaction Inverse= speech not related to public interest or good Whether the speakers intent is to make pure profit Expression related soley to the economic interest of the speaker to the audience Looks at what interest the audience has Assume were dealing with commercial speech Unfair and deceptive ads= unprotected, unlawful Federal trade commsion- will inforce that rule if the ad is misleading in any way. It is not necessary to show that the advertiser had the intent to deceive. It could be accidental but he is still held liable- could have to do a corrective ad. Have to provide scientific information Always a competing interest with the first amendment Case : have a guy who owns a submarine and loves it so much that he gets brochures and says come check out my sub for a profit and starts passing out the documents. (page 2 course reader). NY law says anything for distribution any handbills, advertising method in a public place. This section is not intended to prevent the lawful distribution of anything other than advertising matter! So the guy deletes the part about the price. then on the other side he protested against the city about not having a place for him to advertise/ flyer He was trying to show that he followed the law he deleted the 5 cent part. He said it was public interest cause its a protest. He asks the city to protect him. part....
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comm 168 - comm. 168 04/01/2010 19:05:00 Comm. 120- group...

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