Advertising Is Protected By The First Amendment Of The United States Constitution

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Research: False Advertising
Advertising is protected by the First Amendment of the United States constitution. Conversely, advertising requires less control from the First Amendment, but requires the majority of control from the government and most importantly, the Federal Trade Commission. The Federal Trade Commission controls the content and images that are being advertised to consumers that seem to be exaggerated or just plain over the top. With that being said, false advertising is one of the biggest rising issues amongst many companies, celebrities, business, and much more. False advertising is when an individual(s) attempt to betray consumers into believing they are purchasing an absolutely amazing product, when in reality, they are
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The Federal Trade Commission enforces these truth-in-advertising laws, and it applies the same standards no matter where an advertisement appears – in newspapers and magazines, online, in the mail, or on billboards or buses.” The Federal Trade Commission does not have one clear definition, but it does explain that companies and services are not allowed to exaggerate their content or images in order to advertise to their consumers to purchase a specific product or service. Again, these advertisements can be seen throughout the media as well as in the public. Another legal definition can be found under the Lanham Act where it is defined as, “Under Section 43(a) of the Lanham Act, a claim can be made against a defendant for false or misleading advertising. For a claim against a defendant for false advertising, the following elements are met and the plaintiff must show: (1) defendant made false or misleading statements as to his own products (or another’s); (2) actual deception, or at least a tendency to deceive a substantial portion of the intended audience; (3) deception is material in that it is likely to influence purchasing decisions; (4) the advertised goods travel in interstate commerce; and (5) a likelihood of injury to plaintiff. However, the plaintiff does not have to prove actual injury.” The Lanham Act has a more specific and
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