Tag Archives: Laura Sullivan

Coffee Talk Regulation: The FTC Struggles (Like The Rest Of Us) With The Commercial Speech Question

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By: Brian J. Meli

Returning to our long-running question of what constitutes commercial speech in the modern era (i.e. the era of advertising masquerading as “content”), we turn our attention to recent happenings over at the Federal Trade Commission (FTC), that august institution tasked with protecting we the people from all things false, deceptive and misleading in advertising. The FTC recently became the latest organization to publicly grapple with the question of where the line between First Amendment protected non-commercial speech, and regulation-vulnerable commercial speech exists. For a look back at how the Supreme Court has dealt with the subject, and more recent Seventh Circuit and Ninth Circuit interpretations, follow the links.

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