The Supreme Court tentatively extended First Amendment protection to commercial speech, but left the issue of defining and regulating deceptive advertising to the Federal Trade Commission (FTC), which has employed tools such as the cease-and-desist order, affirmative disclosure, and corrective advertising. The FTC Act did not define deception, but…

Examines the history of alcoholic beverage advertising and the possible outcome of a constitutional challenge to laws that attempt to prohibit such ads from radio and television. (FL)

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…

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…

Arguments for and against banning television commercials aimed at children under age 12, as well as the role of the Federal Trade Commission (FTC), the First Amendment, and parents in regulating such commercials, are explored in this paper. Following an introduction that describes the controversy, a second section of the paper details the…