MMC 4200 Study Guide - Final Guide: Rational Basis Review, Commercial Speech, Strict Scrutiny

• School: University of Florida
• Department: Journalism
• Course: MMC 4200
• Professor: All

Document Summary

See valentine v. chrestensen and new york times v. sullivan. Basically, it went from it"s ok to ban any advertising, because they all lie, to advertis ing that contains an expression that is of a relevant public concern is entitled to constitutional protection. Sullivan gave constitutional protection to defamatory speech even if it was in advertising. Essentially they are protecting advertising here as a side note. The people want the information, the pharmacists wanted to give the information, but legislators were worried the pharmacists wouldn"t concentrate on their jobs as pharmacists if they had to competitively advertise. A flow of information that was deemed to be of a substantial public interest was being blocked, and then it was released. In this case, it just happened to be the medium of ad vertising, but hey, advertising people aren"t going to complain.