Should Advertising Be Protected Under The First Amendment Case Study

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

When does the 1st amendment apply in the US? Hopefully most would agree that should be applied everywhere considering it is a part of the “Supreme law of the land”. Sadly though, America has strayed from their civil liberties, especially the freedom of speech, in the belief that they are making the world a “safer” place by censoring those who disagree with them. The heart of this monstrosity can be found in every town and city, our schools and universities. All the while the Supreme Court is standing by and dealing with much more insignificant, almost petty, cases.

Monday was a day that first amendment rights were tested at The University of Missouri.

Advertisements are mostly used to visually promote a product. Consequently, advertisers only include the product’s strengths and undeniably exclude the defects. This can be misleading to the audience, especially if the product is deemed to be harmful. Here is where censorship comes in. Censorship can be used to get rid of deceitful messages present in

Under the First Amendment, reporters cannot be compelled to provide the identity of a confidential source when the right freedom of the press outweighs society’s need for an individual to provide testimony to a grand jury. See Branzburg v. Hayes, 408 U.S. 665 (1972). The First Amendment states that “Congress shall make no law…abridging the freedom of speech, or of the press.” In Branzburg, this Court recognized a reporter-source privilege that protects reporters from divulging sources to a grand jury. Branzburg, 408 U.S. at 707, 709. This Court determined that this protect applies when the need for freedom of press outweighs the needs of a grand jury. Thus, a reporter is protected by the privilege when the information bears “only a remote and

Facts: Plaintiff (Bell) sued defendant (Legal Advertising Committee). Bell is seeking injunctive relief to utilize the advertisements that have been denied by the Committee, allegedly violating his First Amendment Rights.

The rising concern over the potential effect of violent and sexually explicit media on people has become very

Potera, Carol “Sex and violence in the media influence teen behavior “The American Journal of Nursing Vol.109 No.2 Web. February 2009 This article will help my paper the most. The article gives significant information including statistics.

Saturday morning cartoons contain twenty to twenty-five violent acts per hour (Stranger & Gridina, 1999). Pediatricians warn that media violence can be especially damaging to children under age eight because they cannot readily tell the difference between real life and fantasy. Many violent acts are perpetrated by the "good guys," whom kids have been taught to emulate. Even though kids are taught by their parents that it's not right to hit, television says it's OK to bite, hit, or kick if you're the good guy. This can lead to confusion when kids try to understand the difference between right and wrong. And even the "bad guys" on TV aren't always held responsible or punished for their actions (Nemours, 1995-2009). “These violent behaviors are learned,” said Dr. Slutkin (Herbert, 2010, p. 1). “They are largely formed by modeling, the almost unconscious copying of one another (Herbert, 2010, p. 1). And then they are maintained by the social pressure of peers (Herbert, 2010, p. 1). It becomes normal to reach for a gun (Herbert, 2010, p. 1). TV is full of programs and commercials that depict behaviors such as sex and substance abuse as cool, fun, and exciting. Studies have shown that teens who watch lots of sexual content on TV are more likely to initiate intercourse or participate in other sexual activities earlier than peers who don’t watch sexually explicit

The increasing amount of violence, foul language and sexuality available to children on TV is harmful to their development. What was once a time for children to watch TV with content suitable for their age is now directed for an older audience, Family Hour. Statistics show that this is the time most children are watching television with their family members. Despite knowing this, “Since 2000-2001, the amount of sexual content during the Family Hour has increased by 22.1%” (Parents Television Council 55). A poll done later in March of 2007 asked the general public if they thought there was too much sexual content on television. 79% of those that participated in the poll stated that there was too much.

The debate over the adequacy of restrictions on commercial speech and free market competition has long been contentious. This contention stems from arguments over whether the laws relating to commercial speech and free market competition promote the well-being and productivity of citizens by helping to capture the benefits of social cooperation. In a democratic society, institutions, particularly law, are the cornerstone in determining the conditions that enable individuals to capture the potential benefits of trade and exchange. In the instance of commercial free speech and competition, the decisions in the cases of the Virginia State Board, the NCAA, and Microsoft Corporation, personify how the corresponding laws have proven to be beneficial to both society and business.

In my own opinion I don’t think that advertising should be controlled anymore than it is now. My reason for thinking this way is because products are made to be sold and along with that products are also made

Does exposure to violence in video games, on TV, and in social media have an effect on those exposed to it? Are those who are underage more susceptible to any detrimental side effects from viewing these things? This has long been a topic of discussion among lawmakers, psychologists, and the scientific field as a whole. It concerns parents and community members, especially in the wake of a seeming rise in violence at school from bullying, fighting, or in the extreme cases of school shootings. Were any of these types of incidents encouraged by exposure to violence in media?

Therefore, eliminating movies, television and video games completely is not a solution, but since adolescents are at home when viewing them, perhaps creating parental controls will make it difficult to watch sex and violence. If parents take the time and research or even create a list of questions with possible issues that stem from adolescents viewing sex and violence constantly, they can use this as a guideline to support their fears and interests. Researching this information today, parents can receive a substantial amount of feedback from friends, family, professional agencies even from other adolescents. Parents tend to wish they could recognize and evaluate problems that have already come to light, which is only because they would like to be able and change the outcome. “American adolescents spend an average of 6 hours and 32 minutes each day using media (television, commercials, videos, movies, video games, print, radio, recorded music, computer, and the Internet). This is more time than they spend on any other activity, exception of

According to the Journal of the National Medical Association, the portrayal of violence, sex and drugs/alcohol in the media has been known to adversely affect the behavior if children and adolescents. Children should be prohibited from violence and sexual exposure due to their naivety, lack of self-control and immaturity. Sex