ADV 3001 Lecture Notes - Lecture 45: First Amendment To The United States Constitution, Commercial Speech, The New York Times

• School: University of Florida
• Department: Advertising
• Course: ADV 3001
• Professor: Lawrence Milton Clark

Document Summary

Bragging, this is the best , brands are proud. Praise with subjective opinions, vaguely and generally, stating no speci c facts. It must be truthful and non-deceptive: mean what you say and not leave important things out. Advertisers must have evidence to support claims. It"s likely to mislead consumers acting reasonably. It causes or is likely to cause substantial consumer injury which a consumer could not reasonably avoid. It is not outweighed by the bene t to consumers. Legal issues: cases and agencies: the issue: Possibilities: yes, yes with caveats, no. Because its harm outweighs its bene ts: valentine v. chrestensen. Decision: ruled against chrestensen, said purely commercial advertising is not protected. Advertising is not as important as political speech. It is harder to chill advertising which has a strong pro t motive: ny times v. sullivan. 1964 ny times ran a civil rights ad complaining about montgomery al police: some facts in the ad were false.