The constitution of the United States gives people the freedom of speech and the right to assemble. However, all advertising should not be completely protected by the first amendment because some forms of advertising contain information that is untrue. In essence, if freedom of speech was warranted to all advertising, instances of false advertising would pass through the open markets and would harm consumers. Not only would consumers suffer the consequences of false advertising but the competitive markets would become skewed in favor of companies who incorporated deceptive practices in their marketing. Therefore the protections of the first amendment should be applied to advertising in a case by case basis where courts can decide the validity of the advertisement and the impact it will have on society.
August 7, 2008 at 4:05 pm
Currently, “Freedom of Speech and Advertising” is very well-publicized with the use of the electornic media. In America, like other developed countries, the concept of the “Freedom of Speech” is often covered under the “Freedom of Press” giving equal treatment to Advertisers and media. The philosophy is usually accompanied by legislation ensuring various degrees of freedom of publishing, press and printing . These laws are entrenched in our country’s legal system which follow the constitution guidelines.
All people shoud have the right to express themselves. This is accomplished in Advertising today in the promotional of products and services. The promotions are developed in many ways of expression of personal opinion or creativity by specific Advertisers. The usual concentration is on the target market to communicate ideas through any chosen media.