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Advertising and Commercial Speech: A First Amendment Guide

2nd Edition
ISBN Number: 1-4024-0451-4
Number of Volumes: 1
Page Count: 805 pages
Detailed Table of Contents (.pdf)
Table of Authorities (.pdf)
Supplement Release Information (.pdf)

Overview

View Chapter 2 - Distinguishing Commercial from Noncommercial Speech

When are advertisers especially vulnerable to lawsuits? What legal protections do they enjoy? What is the prevailing law in this volatile area?

PLI’s Advertising and Commercial Speech: A First Amendment Guide gives you the authoritative answers. Written by First Amendment experts, it examines the origin, meaning, and legal evolution of the Supreme Court’s commercial speech doctrine, focusing on how this central doctrine’s rights and restrictions affect advertising in nearly 50 industries and professions.

Accessible enough for non-lawyers, Advertising and Commercial Speech shows you how commercial speech is defined today and when it can be regulated and even prohibited; what is the appropriate legal standard for defamation lawsuits based on advertising; how much legal ”breathing room” advertisers have for false commercial speech; what is ”disparagement” and how it can be proved by plaintiffs in court; when the media is prohibited from refusing advertisements; and when broadcasters and publishers can be sued for negligent false statements.

Updated at least once a year, Advertising and Commercial Speech: A First Amendment Guide is an invaluable reference for lawyers, advertisers, and regulators, and an illuminating resource for any individual interested in First Amendment issues.


Basic Upkeep Service:
In order to keep you abreast of the latest developments in your field, the purchase of PLI treatises includes Basic Upkeep Service, so that supplements, replacement pages and new editions may be shipped to you immediately upon publication for a 30-day examination. This service is cancelable at any time.

Authors & Contributors

Author(s)

Steven G. Brody, Bingham McCutchen LLP
Bruce E. H. Johnson, Davis Wright Tremaine LLP

Chapter Listing


 Introduction: The First Commercial Speech Doctrine
 Distinguishing Commercial from Noncommercial Speech
 Creation and Consolidation: The Commercial-Speech Doctrine from Bigelow to Central Hudson
 Age of Anxiety: The Commercial-Speech Doctrine from Metromedia to Posadas
 Fits and Starts: The Commercial-Speech Doctrine from San Francisco Arts to Ibanez
 Age of Expansion: The Commercial-Speech Doctrine from Rubin to Western States
 Defamation Based on Advertising
 Disparagement
 Lanham Act and Misappropriation Claims
 Publishers' Liability for Damages Resulting from False Advertising
 The Right to Refuse Advertising
 Compelled Commercial Speech
 Regulation of the Advertising Medium
 Regulation of Advertising Content
 Table of Cases
 Defendant-Plaintiff Table
 Index to Advertising and Commercial Speech