Advertising and The LawLecture

Advertising and The LawLecture - Advertising and The Law...

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Advertising and The Law The First Amendment – Freedom of Expression “Speech” vs. “Commercial Speech” - Commercial Speech is profit driven – more difficult to stop - Valentine v Christensen (1942) - Bigelow v Virginia (1975) – newspaper guy posted a advertisement about abortion clinic in NY – won - Virginia Board of Pharmacy v Virginia Citizens Council (1976) – posted drug prices in newspaper – won - Bates v St. Bar of Arizona (1977) – prohibited lawyers from advertising When can commercial speech be regulated? - Central Hudson Test 1980 o Set up a 4 part test to determine if it should have first amendment protection Lawful activity? Will government have interest in it? Will it have an impact in government role? Advertising and the FTC - Federal Trade Commission - Wheeler-Lea Amendment o FTc authority over both “unfair methods of competition” and “unfair or deceptive acts or practices” Federal Trade Commission - Deception – not just about lying o Must mislead the consumer
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This note was uploaded on 01/14/2012 for the course ADV 205 taught by Professor Bukovac during the Fall '08 term at Michigan State University.

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Advertising and The LawLecture - Advertising and The Law...

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