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Fein, Bruce – Social Science Record, 1988
Argues that the U.S. government suppression of tobacco advertising is inconsistent with the First Amendment. Cites court decisions declaring that truthful commercial speech concerning lawful activity can be suppressed only if restraint directly advances a substantial government interest. Concludes that Congress should repeal prohibition on…
Descriptors: Advertising, Civil Liberties, Consumer Protection, Federal Regulation
Peer reviewed Peer reviewed
Hanauer, Peter; Pertschuk, Michael – Social Science Record, 1988
Presents arguments against Bruce Fein's article, "First Amendment Protects Tobacco Advertising." Claims Fein misconstrues the nature and purpose of tobacco advertising, that he confuses governmental paternalism with efforts to protect public health, and that he misreads the extent to which the Supreme Court protects commercial speech…
Descriptors: Advertising, Civil Liberties, Compliance (Legal), Court Litigation
Peer reviewed Peer reviewed
Hanauer, Peter; Pertschuk, Michael – Social Science Record, 1988
Presents an argument for the recently proposed ban on advertising of tobacco products. Differentiates between commercial speech, used to sell products and services, and political speech, which relates to ideas. Argues that tobacco is the only legal product that is dangerous when used as intended, therefore First Amendment rights regarding other…
Descriptors: Adolescents, Advertising, Civil Liberties, Consumer Protection
Student Press Law Center, Washington, DC. – 1994
Noting dramatic changes in First Amendment protections for high school students and new legal issues facing college newspaper editors, this book describes in detail the legal rights and responsibilities of both the high school and college press. While the book is extensively footnoted, it intentionally avoids "legal-ese" and "brings…
Descriptors: Advertising, Censorship, Copyrights, Freedom of Information