First Amendment Commons^™

Zauderer V. Office Of Disciplinary Counsel: Refining The Regulation Of Attorney Advertising, Brent P. Copenhaver

West Virginia Law Review

No abstract provided.

Attitudinal And Legal Factors In Professional Advertising, Ruth Bogatyrow Kraft

Journal of Law and Health

This Article is concerned with advertising by professionals, a phenomenon which has taken on greater importance and become more controversial as its impact has grown over the past decade. Part II of this Article discusses the legal precedents which permitted the development of professional advertising in general. In Part III the body of literature concerning professional and consumer attitudes towards promotional behavior is reviewed. Part IV presents and evaluates the initial results of a survey of plastic surgeons. The promotional attitudes of plastic surgeons are an especially interesting subject of study, as advertising by this medical sub-specialty presents in a …

Beauty Conquers The First Amendment - Members Of The City Of Los Angeles V. Taxpayers For Vincent, Elaine J. Strickland

Campbell Law Review

This note will demonstrate that Taxpayers may too easily empower local governments to ban "unpleasant formats" of communication in their efforts to beautify the community without first offering sufficient evidence that the infringement on the first amendment is necessary.

The First Amendment And Economic Regulation: Away From A General Theory Of The First Amendment, Steven H. Shiffrin

Cornell Law Faculty Publications

Soliciting Sophisticates: A Modest Proposal For Attorney Solicitation, Victor P. Filippini Jr.

University of Michigan Journal of Law Reform

This Note advocates an amendment to the ethical standards governing attorneys that will permit the personal solicitation for pecuniary gain of sophisticated prospective clients - that is, those persons having general knowledge of their legal needs and the expertise to assess adequately the information and presentation of an attorney. Part I of this Note shows that lawyer solicitation is a form of commercial speech under recent Supreme Court decisions. It also asserts that, though the traditional reasons for banning lawyer solicitation still have some validity, these reasons do not justify prohibiting the solicitation of sophisticated clients. Part II suggests some …

Constitutional Law - Freedom Of Speech - Since Advertising Display Areas In Federally-Owned Airports Are Public Forums, The Government's Prohibition Of Political Advertisements Violates The First Amendment, Karen L. Masterson

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Protection Of Commercial Speech, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

Attorney Advertising Over The Broadcast Media, I. Terry Currie

Vanderbilt Law Review

This Note will examine the first amendment issues that broadcast attorney advertising raises. The Note will begin with a general discussion of the analytical approach adopted by the Supreme Court in freedom of speech and commercial speech cases. Next, the Note will explore the "special problems" and unique characteristics of the broadcast media as they relate to the interests affected by broadcast attorney advertising, concluding that the benefits afforded to consumers outweigh the potential risks created by such advertising. The Note will also briefly consider various regulations on broadcast advertising adopted by the bar at both the state and federal …

The End Of The "Commercial Speech" Exception--Good Riddance Or More Headaches For The Courts?, Francis H. Heller

Kentucky Law Journal

No abstract provided.

The "Seven Dirty Words" Decision: A Potential Scrubbrush For Commercials On Children's Television?, Gerald J. Thain

Kentucky Law Journal

No abstract provided.

First Amendment Restrictions On The Ftc's, Robert D. Eckinger

Vanderbilt Law Review

The Supreme Court has suggested a "degree of protection"approach to reconcile the first amendment protection of commercial speech with the need to effectively regulate false or misleading advertising. In so doing, however, the Court has failed to establish clearly the judicial standard of review appropriate in examining regulative measures. In the absence of adequate guidance, several circuit court decisions have adopted an unjustified standard of strict judicial scrutiny. The continued use of this standard by the circuit courts in reviewing FTC decisions will present increasing institutional problems for the courts and will seriously undermine the Commission's ability to protect consumers …

First Amendment Protection For Commercial Advertising: The New Constitutional Doctrine, Thomas W. Merrill

Faculty Scholarship

Governmental regulation of commercial advertising has become a major focus of challenges to established first amendment doctrine. An increasing number of suits have raised constitutional objections to regulations of false or deceptive advertising, regulations of offensive advertising, prohibitions of commercial advertising in certain forums, prohibitions of price advertising for particular products or services, and prohibitions of all advertising for particular products or services.' Until recently, the majority of courts upheld such regulations under the Supreme Court's ruling in Valentine v. Chrestensen that "purely commercial advertising" is unprotected by the first amendment.

In the last two years the Court has subjected …

Regulation Of Commercial Speech: Commercial Access To The Newspapers

Maryland Law Review

No abstract provided.