ERIC Number: ED284216
Record Type: RIE
Publication Date: 1987-Aug
Reference Count: 0
Commercial Speech Protection and Alcoholic Beverage Advertising.
An examination of the laws governing commercial speech protection and alcoholic beverage advertisements, this document details the legal precedents for and implications of banning such advertising. An introduction looks at the current amount of alcohol consumed in the United States and the recent campaigns to have alcoholic beverage ads banned. Following a section about the role of the Federal Trade Commission (FTC), a third section examines how the Commercial Speech Doctrine developed, listing a number of pertinent legal cases from 1942 to the present day. The fourth section focuses on how Commercial Speech applies to the alcoholic beverage industry, citing specifically "Dunagin v. City of Oxford, Mississippi" and "Capital Cities Cable, Inc. v. Crisp." The section also contains a four-part strict scrutiny test as a probable method of analysis should the court review the First Amendment question regarding alcoholic beverage advertising, which includes the notions that (1) despite youth-oriented alcohol ads, the FTC and the Bureau of Alcohol, Tobacco, and Firearms already prohibit false, misleading, and deceptive advertising, and consuming alcohol is a lawful activity; (2) the court must decide if there is a substantial government interest involved; (3) regulation of ads might not advance government interest; and (4) any regulation must not be more extensive than necessary to advance that interest. A summary suggests that industry self-regulation may be more effective than an advertising ban. (JC)
Publication Type: Speeches/Meeting Papers; Information Analyses
Education Level: N/A
Authoring Institution: N/A
Identifiers: Federal Trade Commission; Mothers Against Drunk Driving
Note: Paper presented at the Annual Meeting of the Association for Education in Journalism and Mass Communication (70th, San Antonio, TX, August 1-4, 1987).