JOU 4380 Lecture Notes - Lecture 7: Rulemaking, Commercial Speech
28 Mar 2017
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Regulated by courts, commissions, governors, and presidents. Nyt v. sullivan created a shift from this (1964) Formally established commercial speech doctrine for maintaining distinction between advertising and more protected expression. Central hudson gas and electric co. v. public service commission of ny. Primary body in regulating advertising = federal trade commission. Protects consumers from unfair and deceptive ads. Pays specific attention to advertising claims that can affect consumer health or finances. Also regulates food and violent media to children. Advisory opinions, industry guides, policy statements, rulemaking, consent agreements, cease- and-desist orders, etc. Citizens united v. federal election commission (2010) Corporations are persons (in terms of free speech) Freed vast array of political advertising from government regulation -- raised questions of impact on regulation of commercial speech by corporations. Va state board of pharmaceuticals v. va citizens consumer council (1976) Government can still regulate deception, misleading, illegal, etc. Central hudson gas & electric co. v. public service commission of ny (1980)
