Yearbooks: The Law And You 2023

WHAT IS COMMERCIAL SPEECH? The first category of ads involves those that propose a commercial transaction. This is what most people think of when they hear the word “advertising” — a business owner or corporation is trying to entice customers to buy a specific product, shop at their store or create good will among potential customers. This type of advertising, known as commercial speech, has been given less First Amendment protection than other forms of speech, meaning it is subject to greater government regulation. WHY DOES THE GOVERNMENT REGULATE COMMERCIAL SPEECH? Part of this regulation stems from the realization that the claims ads contain could persuade people to buy defective or harmful products. They could also trick people into buying products that don’t deliver on the promises the ads contain. Bottom line — if an ad for a pen claims that it writes upside down underwater, it must do so. Ads that contain falsehoods about products or services receive no First Amendment protection. The companies and ad agencies that created them are subject to penalties from the Federal Trade Commission.

Yearbook Suite | Yearbooks: The Law And You 39