ADVT 250 1st Edition Lecture 16Outline of Last Lecture I. Trademark IssuesII. CopyrightsIII. Federal Trade Commission and AdvertisingIV. Food and Drug Administration V. Other Regulatory agencies and advertisingOutline of Current Lecture I. Advertising and the First AmendmentCurrent LectureI. Advertising and the First Amendment1.) The first amendment: Amends the U.S. Constitution and is the first of the ‘Bill of Rights’.2.) Congress shall make no law respecting an establishment of religion, or prohibiting thefree exercise of thereof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. -Restricts the government about the kind of laws they can make-it’s important not to be a theocracy because people who disagree are often imprisoned or killed.-people flee to the U.S. because of religious persecution in other countries.-we have the right to talk about illegal subjects.-media is often thought of as the 4th estate-we are able to protest, helps speed up change. However, you have to get a license for such demonstrations.3.) But the 1st amendment does NOT say anything about ‘Advertising’-Two traditions of ‘reading’ the constitution.-Absolutist (only pay attention to the ACTUAL words the constitution says)These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.-Spirit of the Document (Interprets the constitution because there is no way the founding fathers could predict how our society would be today)4.) Commercial Speech:-Speech that merely proposes a commercial transaction. Not all advertising is Commercial Speech. Not all commercial speech is advertising. 5.) Three Tiers of Speech Protections:- Political, Artistic and Cultural Expression- Commercial Speech- Libel, Slander, Obscenity, Fighting Words. 6.) Understanding the Process:- Laws are being challenged in light of the First Amendment.- Court rules on whether the law is allowable in light of the constitution- Supreme courts is the last stop.7.) How does the court evaluate laws restricting commercial speech?-Central Hudson Test will be used.8.) Central Hudson Test: Process-Does the restriction concern lawful and non-misleading commercial speech?-Is there a substantial government interest in restricting the commercial speech?-Does the restriction directly advance the asserted government interest? - Is the restriction no more extensive than necessary to address the problem? 9.) Areas of Concern:-Vice Products (Gambling, Liquor, Cigarettes, etc.)-Controversial Services (Abortion Services)10.) Composition of the Court Matters:-The political leadings of individual Court members will impact commercial speech rights.-Court justices are appointed by the President and approved by