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The Junk Food Problem: Why The Law Allows Advertising To Kids And How To Implement Change, Makenna Hardy, Madison Maloney Apr 2023

The Junk Food Problem: Why The Law Allows Advertising To Kids And How To Implement Change, Makenna Hardy, Madison Maloney

Brigham Young University Prelaw Review

Rapid technological advancements have increased the methods in which advertisers can reach the public, specifically children. As obesity rates increase among America’s youth, more stringent advertising laws barring junk food exposure have been advocated for. Since the Supreme Court has determined commercial free speech as deserving full First Amendment coverage, the rights of advertisers frequently inhibit productive methods of protecting children from junk food advertisements. This article examines the current standards safeguarding both children and advertisers and the feasibility of restricting advertising to kids within the limitations of commercial speech protections.


The New Editors: Refining First Amendment Protections For Internet Platforms, Mailyn Fidler Jul 2021

The New Editors: Refining First Amendment Protections For Internet Platforms, Mailyn Fidler

Notre Dame Journal on Emerging Technologies

This Article envisions what it would look like to tailor the First Amendment editorial privilege to the multifaceted nature of the internet, just as courts have done with media in the offline world. It reviews the law of editorial judgment offline, where protections for editorial judgment are strong but not absolute, and its nascent application online. It then analyzes whether the diversity of internet platforms and their functions alter how the Constitution should be applied in this new setting. First Amendment editorial privilege, as applied to internet platforms, is often treated by courts and platforms themselves as monolithic and equally …


Spring 2020 May 2020

Spring 2020

Conversations

Dean's Letter: With Pride and Gratitude; Free Speech and the American Way; Engagement Takes Center Stage: The new Center for Communication Engagement wants to get students, faculty and the community talking; On a Mission to Diversify Advertising: Summer BRAND camp introduces diverse students to the advertising industry; Where the Action Is: Alumna Ximena Larkin finds excitement and fulfillment in the heart of Chicago; An In-Depth View of Black Student Protests; An Eye-Opening Experience: Journalism student Nikki Roberts turns her passion for writing into a career; Around the College; Accolades


Social Media And Censorship: Rethinking State Action Once Again, Michael Patty Jan 2019

Social Media And Censorship: Rethinking State Action Once Again, Michael Patty

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits Mar 2016

Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


The Influence Of Setting On Supreme Court Religious Expression Decisions, Joseph J. Hemmer Jr. Nov 2015

The Influence Of Setting On Supreme Court Religious Expression Decisions, Joseph J. Hemmer Jr.

Communication and Theater Association of Minnesota Journal

The First Amendment prohibits any establishment of religion, a dicta that has been applied in an apparently inconsistent manner by the Supreme Court when called upon to evaluate various forms of verbal and nonverbal religious communication. Court decisions have approved religious prayers and displays in government settings. When such exercises and displays were introduced to the public school academic setting, the Court chose to disallow the practice. An examination of judicial opinions reveals that justices recognize three factors inherent to the academic setting which justify the apparently contradictory decisions. Because of the captive nature of the audience, the presence of …