A weblog for Pete Ellertsen's mass communications students at Benedictine University Springfield.

Friday, October 23, 2009

COMM 317: Advertising, the law and the 'marketplace of ideas'

Apart from ethical considerations, there are few legal limitations on advertising per se. According to JLCom Publishing Co., a law firm, the Central Hudson rule applies. Named for the court case in which it appears, JLCom says it holds:
Under the landmark U.S. Supreme Court decision, Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, No. 79-565, Supreme Court of the United States, 447 U.S. 557; 100 S. Ct. 2343; 1980 U.S. LEXIS 48; 65 L. Ed. 2d 341; 6 Media L. Rep. 1497; 34 P.U.R.4th 178, June 20, 1980, a state must justify restrictions on truthful, nonmisleading commercial speech by demonstrating that its actions "directly advance" a substantial state interest and are no more extensive than necessary to serve that interest.
It's part of a brief discussion on Advertising and the First Amendment. We'd better read it.

No comments:

Blog Archive

About Me

Springfield (Ill.), United States
I'm a retired English, journalism and cultural studies teacher at Springfield College in Illinois (acquired by Benedictine University and subsequently closed). I coordinate jam sessions for the "Clayville Pioneer Academy of Music" at Clayville Historic Site and the Prairieland Strings dulcimer club, and I sing in the choir and the contemporary praise team at Peace Lutheran Church in Springfield. On Hogfiddle I post links and video clips for our sessions and workshops on the mountain dulcimer (a.k.a. "hog fiddle"), as well as research notes on folklore and cultural studies, hymnody and traditional Anglo-Celtic and Scandinavian music. I also posted assignments and readings in my interdisciplinary humanities classes. The Mackerel Wrapper (now on hiatus), carried assignments and readings for my mass comm. students. I started teaching b/log when I chaired SCI-Benedictine's assessment committee, and reopened it as the privatization of public schools grew increasingly troubling and closer to home.