Editorial: Who Is Afraid to Give Freedom of Speech to Marketing Folks?

Abstract

Despite the invaluable contribution of marketing folks (e.g., making markets work), they fail to enjoy the same freedom of speech as others. This fact is particularly egregious because unlike other groups that can use threats, force, or coercion, marketing folks rely only on speech. Although the U.S. Constitution never mentions commercial speech, the courts invented the concept to censor marketing folks. The cloudy rational was that consumers need special protection from marketing folks (e.g., advertising). Naturally, censorship leads to abuse. Powerful incumbents use censorship covertly against new entrants. Politicians use censorship surreptitiously to promote their own political goals. If consumers need protection, it is certainly from the misleading statements of those with freedom of speech—politicians, attorneys, the news media, and the censors.

Impact of Brand Cues on Young Consumers’ Preference for Mobile Phones: A Conjoint Analysis and Simulation Modelling

“…Due to the dynamic nature of consumer behaviour, manufactures and marketers keenly look for all possible ways to enhance their market share. Studies for predicting the young consumers behaviour have gained a lot of attention lately (Kirmani & Rao, 2000; Shugan, 2006), which has compelled manufactures and brand managers to come up with effective marketing strategies, new product launch, product modifications or new technology.…”

Evidence on the Effects of Mandatory Disclaimers in Advertising

“…Subsequent judgments provided further clarification of this limited right (Boedecker, Morgan and Wright 1995;44 Liquormart Inc. v. Rhode Island 1996, 496). In contrast, citizens, consumer groups, and lobby groups-which often speak against commercial interests in order to further their own-have First Amendment protection to speak about products; protection that is denied to firms, even to the extent that Nike was denied the right to speak in its own defense against media coverage of lobbyists (Shugan 2006).…”

Editorial—Does Good Marketing Cause Bad Unemployment?

“…The marketing function represents consumers (Neal 2002, Shugan 2006) within customer-driven organizations. Marketing theory champions consumer welfare, draws greater attention to consumer wants, and advocates consumerism (i.e., consumer-driven markets) where competitive markets help protect consumers from many powerful organizations (e.g., incumbent business, organized labor, the governing state, and international bodies).…”

“…When people are constrained on these dimensions, competitive markets allow the complex assimilation of the knowledge and expertise of many individuals with their own private knowledge who are willing to bet their own assets on their opinions (Shugan 2006). For example, when selling a house, neither the buyer nor seller knows the market price of the house.…”