Advertising

Advertising

Advertising is everywhere that can be imagined in today’s society—billboards, television, bus stops, even tattooed across foreheads. There have been numerous law cases that have determined just how far companies can go under the Constitution. This falls under commercial speech, which is defined in the case of Central Hudson Gas and Electric Corporation v. Public Service Commission of New York as “expression related solely to the economic interests of the speaker and its audience.” Commercial speech, especially relating to hot-button issues such as abortion, alcohol and gambling, is constantly be questioned, regulated, and fought over from the local level all the way to the United States Supreme Court. A tug-of-war ensues between the government, the companies and corporations, and the entire public over what products can be advertised and exactly how companies can go about doing this.
There are certain limitations on commercial speech, especially when it comes to false advertising. According to Central Hudson, “…there can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public about lawful activity. The government may ban forms of communication more likely to deceive the public than to inform it, or commercial speech related to illegal activity” (657). This obviously does not fall under the protection of free speech guaranteed by the First Amendment.
Advertising for items and services that are controversial, however, are a bit trickier and can be protected. The definition of a commercial advertisement, however, is often a main point of a case. In the case of Bigelow v. Virginia, a Virginia newspaper published an advertisement giving information on an abortion clinic in New York. A Virginia Code prohibited the encouragement of abortion and the Supreme Court of Virginia ruled that this commercial advertisement was not protected under the First Amendment. However, the Supreme Court ruled that “The...