Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- AdWords (1)
- Antitrust (1)
- Commercial speech (1)
- Compelled speech (1)
- Competition (1)
-
- Consumers (1)
- Disclaimers (1)
- Fairness (1)
- Family Smoking Prevention and Tobacco Control Act (1)
- Federal Trade Commission (1)
- Food and Drug Administration (1)
- Freedom of speech (1)
- Google (1)
- Information (1)
- Internet (1)
- Market power (1)
- Regulation (1)
- Rulemaking (1)
- Search engines (1)
- Search neutrality (1)
- Tobacco (1)
- Warnings (1)
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
A Disclosure-Focused Approach To Compelled Commercial Speech, Andrew C. Budzinski
A Disclosure-Focused Approach To Compelled Commercial Speech, Andrew C. Budzinski
Michigan Law Review
In 2010, the Food and Drug Administration passed a rule revising compelled disclaimers on tobacco products pursuant to the Family Smoking Prevention and Tobacco Control Act. The rule required that tobacco warnings include something new: all tobacco products now had to bear one of nine graphic images to accompany the text. Tobacco companies filed suit contesting the constitutionality of the rule, arguing that the government violated their right to free commercial speech by compelling disclosure of the graphic content. Yet First Amendment jurisprudence lacks a doctrinally consistent standard for reviewing such compelled disclosures. Courts’ analyses typically depend on whether the …
After Search Neutrality: Drawing A Line Between Promotion And Demotion, Daniel A. Crane
After Search Neutrality: Drawing A Line Between Promotion And Demotion, Daniel A. Crane
Articles
The Federal Trade Commission's (“FTC” or “the commission”) January 3, 2013 decision to close its longstanding investigation of Google1 brings to a close a flurry of discussion over the possibility that Google could become subject to a “search neutrality” principle in the United States. Although the Commission found against Google on several grounds, it rejected petitions from Google's critics to create a search neutrality principle as a matter of antitrust law. This essay briefly analyzes what remains of U.S. antitrust scrutiny of Internet search bias after the Google settlement. In particular, it suggests that a sensible line can be drawn …