Archive for ‘Commercial Speech’

Obama Nation Billboard Draws Attention – Kansas City News Story – KCTV Kansas City. More »

Would You Support the Regulation of Photoshopping? More »

FTC plans to monitor blogs for claims, payments More »

Historical context of dawn of advertising regulation.
1. “Can both fresh water and salt water flow from the same spring?” (James 3:11).
2. Late 19th and early 20th century was age of reform.
3. Ads and porn usually seen same way – commercial speech.
4. Statutory reform signaled by Sherman Antitrust Act of 1890.
5. Political reform manifested in Progressivism.
6. Forces of Yellow Journalism of 1890s underlined excesses.
7. Modern advertising and marketing was taking form.
8. Roberson v. Rochester Box (1902) addressed privacy.
9. Pavesich v. N.Eng. Life (1905) led to appropriation tort.
10. Journalism reformers emerged as Muckrakers.
11. Ad reform was led by Printer’s Ink model statute of 1911.
12. Clayton Act of 1914 was coupled with Sherman Act.
13. Federal Trade Commission Act of 1914 signaled new age.
14. National Vigilance Committee (BBB parent) began in 1915. More »

“Revised guidelines on endorsements and testimonials by the Federal Trade Commission, now under review and expected to be adopted, would hold companies liable for untruthful statements made by bloggers and users of social networking sites who receive samples of their products.” More »

Scabby the Rat has gone to court elsewhere and usually won at the appeals level. The issue here is advertising regulations.