Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
12 Cards in this Set
- Front
- Back
|
Three factors to determine commercial |
expression is an ad it refers to a specific product the speaker has an economic motivation for speaking |
|
|
two stypes of commercial speech receive no protection |
The gov. may ban ads that is false, misleading or deceptive unlawful goods and services |
|
|
truthful advertising for legal goods and services can be regulated Central Hudson Test |
The Gov must assert a substational state interest must demonstrate that the ban will advance the interest the state must show that there's a reasonable fit |
|
|
Carolina Pride, Inc. v. McMaster |
permanent injunction that prohibited billboards for sexually oriented businesses |
|
|
Alexander v. Cahill |
a New York law prohibiting certain types of attorney ads, including testimonials, potrayals of judges, attention getting techniques unrelated to attourneys, trade names or nicknames that imply an ability to get results |
|
|
West Virginia Board of Education v. Barnette |
the court held that children in public schools could not be forced or compelled to recite the pledge of alligiance or salute the american flag |
|
|
Two key division of the ASRC |
National Advertising Division Child Advertising Review Unit |
|
|
The test of false ads |
what message do they convey? Is the message false? Does this message injure the plantiff |
|
|
Wheeler-Lea Amendment to the Trade Commission Act |
gave the FTC the power to proceed against all unfair and deceptive acts to practices in commerce, regardless of whether they affect competition. |
|
|
CAN-SPAM Act |
represents a tortured acronym for a bill officially called the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003. 1. False/Misleading 2. Functioning Return Address 3. 10-Day Prohibition period 4. Disclosure requirements 5. Aggravated Violations |
|
|
FTC definition of false or deceptive ads |
There must be a representation, omission or practice that is likely to mislead the consumer The act or practice must be considered from the perspective of a consumer who is acting reasonably The representation, omission or practice must be material |
|
|
FTC Tools to stop false ads |
Child online privacy act guides voluntary compliance consent agreement litigated orders substantiation corrective ads injunctions trade regulation rules |
