New U.S. Supreme Court Philosophy on Advertising Faces Opposition

Trauth, Denise M.; Huffman, John L.

doi:10.1177/107769907905600311

Cited by 3 publications

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“…Free-speech scholarship on the Supreme Court’s flurry of cases beginning in the 1970s that expanded First Amendment protections for commercial speech and went on to establish the parameters of those protections showed how unexpected future developments at the court can be. A review of the early cases in that body of jurisprudence—after Virginia Pharmacy Board v. Virginia Consumer Council in 1976 but before Central Hudson Gas & Electric Corp. v. Public Service Commission in 1980, the landmark rulings that would become the respective advertiser and consumer cornerstones of the commercial-speech doctrine—concluded they conflicted with broader interests favoring protection of consumers (Trauth & Huffman, 1979). A 1990 article—arguing that then-recent commercial-speech rulings had made it more likely that truthful advertising of lawful products like tobacco and alcohol would receive less First Amendment protection—similarly was published without the benefit of knowing a series of later rulings would hold exactly the opposite (Hovland & Taylor, 1990).…”

Section: Free Speechmentioning

confidence: 99%

A Century of JMCQ Legal Issues in Media: Scholarly Commitment to Free Press, Free Speech, and More

Kerr,

Park,

Youm

2023

Journalism & Mass Communication Quarterly

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This systematic review of more than 300 Journalism & Mass Communication Quarterly (JMCQ) articles on media law since 1924 documents what a vital scholarly outlet the journal has been and continues to be for research on freedom of the press and speech. While defamation law remains a popular topic, journalism and mass communication scholars have expanded their focus to a wider range of media law issues, including privacy, copyright, student speech, journalistic privilege, free press v. fair trial, advertising, and issues involving other media. JMCQ has been refreshingly open to international and comparative law, moving away from a U.S.-centric approach to media freedom. The review highlights a decline in the number of media law articles published in recent years, possibly due to competition from alternative journals, manuscript length limitations, and the APA-style requirement. Nevertheless, media law scholarship remains essential, offering invaluable insights into the evolving legal landscape of media.

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Section: Free Speechmentioning

confidence: 99%

A Century of JMCQ Legal Issues in Media: Scholarly Commitment to Free Press, Free Speech, and More

Kerr,

Park,

Youm

2023

Journalism & Mass Communication Quarterly

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“…(For various perspectives and discussions of past court decisions in this area, see: Francois, 1978, andHeller, 1978-79. ) A few feel that the Supreme Court is moving in a direction that would culminate in the removal of most restrictions on commercial advertising (Coase, 1977;Trauth & Huffman, 1979). Advertising Age (1980) on the other hand, has expressed an industry desire to retain strong Federal Trade Commission regulations of advertising veracity.…”

Section: Freedom With Exceptionsmentioning

confidence: 99%

Regulation of the Free‐advertising and the First Amendment

Rotfeld

1983

Review of Policy Research

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The "new" line between communications that have full First Amendment protection and those that are subject to regulation is still in the process of being delineated by the Supreme Court; legal and mass a communication scholars are proposing a plethora of tests for future cases. Rather than proposing yet another test, this article starts from the premise that future advertising regulation cases will be based on legal philosophy and judicial "world view" as well as law and precedent. First Amendment law and advertising regulation concerns have historically been based on two different concerns and perspectives that have only recently been seen to interact. This article charts a perspective on the differences in the legal, philosophical and historical roots of these two areas, shows how and why they are now seen as interrelated and attempts to give some insight into possible future legal directions in this area. Copyright 1983 by The Policy Studies Organization.

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The Compatibility of Advertising Regulation and the First Amendment—Another View

Rotfeld

1982

Journal of Marketing & Public Policy

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By analyzing the different legal, philosophical, and historical roots of advertising-regulatory law and the First Amendment, this study (a) indicates why advertising's regulatory constraints should not be seen as a precedent for regulation of the press, and (b) gives guidance to marketers as to which aspects of their advertising will probably be seen as protected by the First Amendment and which will probably be subject to regulation and government control.

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New U.S. Supreme Court Philosophy on Advertising Faces Opposition

Cited by 3 publications

References 0 publications

A Century of JMCQ Legal Issues in Media: Scholarly Commitment to Free Press, Free Speech, and More

A Century of JMCQ Legal Issues in Media: Scholarly Commitment to Free Press, Free Speech, and More

Regulation of the Free‐advertising and the First Amendment

The Compatibility of Advertising Regulation and the First Amendment—Another View

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