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Under the conditions of the First Amendment, the
entitlement must be to the originator of the message, within the pragmatic
reason of certain circumstances. That is to note that the government may
intervene with advertising methods only where it can be demonstrated that
there is a demonstrable harm to the public in its exposure to advertising.
This is a notably limited legal ability for the government, but one that
seems justified to this researcher based on the absence of empirical
evidence that advertising can cause underage drinking.
It is ideal if free-market capitalism is indeed to be considered the
raison d'etre for all advertising organizations that deregulation be
allowed. In this case, we might look at a precedent-setting case from 1977
concerning contraceptives, in which the court struck down efforts to
prevent the advertising of contraceptives as a result of the fear that such
advertisements might reach and influence the behaviors of the young. Those
in favor of restricting the advertisement of contraceptives insisted
without scientific evidence that the promotion of contraceptives was
creating...
Failing, though, to establish that
this was the case, anti-contraceptive lobbyists were forced to concede that
"here the advertisements in question merely state the availability of
products that are not only entirely legal, but constitutionally protected."
(Brennan, 1) Therefore, there may be no justification to prohibit any form
of alcohol advertising in the absence of compelling evidence that very
specific cases of advertisement can be tied to very specific patterns of
underage drinking.
Ultimately, it is the responsibility of responsible governance and
citizenry to attend to public behavior. Advertisers are responsible only
to the extent that the image and message conveyed is consistent and
demonstrably truthful, lest misimpression lead to organizational failure.
Works Cited
Brennan, Justice. (1977). Carey v. Population Services International (No.
75-443). Supreme Court of the United States.
Versfelt, David & Adonis Hoffman. (2006). Alcohol Advertising: Federal
and State Regulators Should Tread Lightly. Washington Legal Foundation.
Online at .
Works Cited
Brennan, Justice. (1977). Carey v. Population Services International (No.
75-443). Supreme Court of the United States.
Versfelt, David & Adonis Hoffman. (2006). Alcohol Advertising: Federal
and State Regulators Should Tread Lightly. Washington Legal Foundation.
Online at <http://www.wlf.org/upload/100606versfelt.pdf>.
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