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Full-Text Articles in Law
The Heroic Corporation And First Amendment Romanticism: A Response To Professorsredish And Neuborne, Tamara R. Piety
The Heroic Corporation And First Amendment Romanticism: A Response To Professorsredish And Neuborne, Tamara R. Piety
Tamara R. Piety
Response to book reviews of my book "Brandishing the First Amendment" by Martin Redish and Burt Neuborne.
The New First Amendment And Its Implications For Combating Obesity Through Regulation Of Advertising, Tamara R. Piety, Samantha Graff
The New First Amendment And Its Implications For Combating Obesity Through Regulation Of Advertising, Tamara R. Piety, Samantha Graff
Tamara R. Piety
This chapter reviews the recent decisions of the Supreme Court as they bear on attempts to combat childhood obesity through regulating marketing and concludes that attempts to regulate marketing will face substantial First Amendment obstacles in the courts.
Citizens United And The Threat To The Regulatory State, Tamara R. Piety
Citizens United And The Threat To The Regulatory State, Tamara R. Piety
Tamara R. Piety
This brief essay, intended for publication in electronic form, discuses the connection between Citizens United v. FEC and the commercial speech doctrine arguing that Citizens United is likely to serve as ammunition to expand protection for commercial speech.
Market Failure In The Marketplace Of Ideas, Tamara R. Piety
Market Failure In The Marketplace Of Ideas, Tamara R. Piety
Tamara R. Piety
Proponents of expansive First Amendment protection for commercial speech often invoke "the marketplace of ideas" metaphor. The use of this metaphor simultaneously invokes generalized notions about the commitment to free markets and free expression. It implies these values are intertwined and that more protection for commercial speech means both more freedom and more truth. I argue that expanding First Amendment protection for commercial speech will not result in the either more truth or more freedom but rather to less of each and explore the ways in which, even with only limited protection for truthful commercial speech, the market has actually …
Free Advertising: The Case For Public Relations As Commercial Speech, Tamara R. Piety
Free Advertising: The Case For Public Relations As Commercial Speech, Tamara R. Piety
Tamara R. Piety
The commercial speech doctrine has suffered from definitional ambiguity. Some commentators have argued that the doctrine's application should be limited to speech that is clearly advertising and should not be extended to cover speech by a corporation on matters of public concern. This is of particular concern with respect to public relations communications about labor or environmental practices (to name just two examples) which industry advocates argue should be treated like fully protected speech. In this article I argue that because all for-profit corporate speech is in furtherance of its commercial purpose, public relations speech should be presumptively covered by …
"Merchants Of Discontent:" An Exploration Of The Psychology Of Advertising, Addiction And Its Implications For Commercial Speech, Tamara R. Piety
"Merchants Of Discontent:" An Exploration Of The Psychology Of Advertising, Addiction And Its Implications For Commercial Speech, Tamara R. Piety
Tamara R. Piety
This article compares the psychology of addition and the psychology of advertising and argues that the parallels suggest that some regulation of advertising is in the public interest.