ADPR 3100 1nd Edition Lecture26Outline of Previous LectureI. Cannes Lions Film Festival a. Guest speaker Dr. Reichartb. why go to Cannes Lions?c. 2014 themesd. Award-winning campaignsOutline of Current Lecture II. Legal environment-laws and regulations of AdversitingIII. Advertising defined as commercial speechIV. First amendment rights V. FTCVI. Deception vs. pufferyCurrent Lecture- legal environment-laws and regulationso determines what advertisers can and can't doo advertisers cannot do whatever they want, and they have to abide by rules- sourceso laws; supreme courto regulations; elected officials- laws on advertising - first amendment issueso first amendment and the supreme courtThese 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.o commercial speech promotes a commercial transaction Come buy a hotdog! doesn’t have to be spoken, it can be a sign or an ad any claim about a product can be verified (falsehood verifiable)o political speech Advocates a cause of a point of view. (going out and saying Florida sucks)  there are different levels of constitutional protection is a choice much more sensitive to any restrictions against it can argue a point of view, but it’s hard to prove it wrong; its more opinionbased- kinds of speech and constitutional protectiono advertising is commercial speecho commercial speech less protected than political speech hardier falsehood verifiable NY Times vs. Sullivan court case during civil rights movement in the south NY Times: Heed Their Rising Voices (page paid that wasn’t an ad) Sullivan was mad because he wasn't mentioned in this even though he was in charge of the Montgomery police force but advocated a point of view was this protected speech under the first amendmento corporate speech building on ambiguities seen in NYT v. Sullivan paid publication of points of view of corporations corporate speech same protections as political speech imbalance due to unequal means (giving corporations the same rights as individuals)  created a new avenue for advertising that gives a lot more leeway for advertisementso not “anything goes” time, place, and manner ruleso central-hudson four-part test 1. is the message eligible for first amendment protection? 2. is the governmental interest asserted in regulating the expression substantial? 3. does the proposed regulation advance the regulatory interest? 4. is the proposed regulation narrow enough? if yes the regulation is constitutional - speech is in different categorieso commercial speech is less protected and more regulated than politicalo corporate speech has the same protections as political it provided more leeway for advertisers to get their word out that wasn't available beforehando speech is still an act with limits (time, place, and manner restrictions)- advertising and the first amendmento commercial speech (and) less protected legally subject to greater regulationo corporate speech recent, third legal category with constitutional protectiono still a right with legal limits- legal regulations on advertisingo elected/appointed government makes regulations local and county councils state and national legislatures federal trade commission FTCo 1800s: little regulation many ads outright lieso early 1900s in 1910, no regulations against dishonest advertising o toward regulation agencies concerned with truthfulness  bad apple theory dishonest agencies were giving the honest ones a bad name they sought regulation because it would enhance value of advertising and they could define regulations to advantage o pure food and drug act (1906) correct false messages but kept them on shelves, not bad productso federal trade commission (1914) their job is to regulate advertising protects consumers from deceptive and/or unsubstantiated ads remedies stop/change ad publicize corrective ads pay fineso deception vs. puffery deception is actionable lie likely to mislead a consumer acting reasonably must be “material”  centrally about a product puffery not actionable. exaggeration or overstatement that is expressed in broad, vague language not misperceptions or false representation of specific characteristics ex: nokia cellphone “stable” camera commercial (not really stable) a car was filming it=deception ex: Axe Anarchy commercial about how everyone in the city stops everything to find their love=puffery ex: nissan commercial: landing a plane on a nissan or nissan riding up a sand mountain pushing a little car=deception nissan car commercial driving on top of a train and doing