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First Amendment
Advertising is a critical component of any business. Many forms of advertising are protected by the First Amendment, yet "the Supreme Court for many years took the view that commercial speech -- speech that proposes an economic transaction -- was not protected by the First Amendment" (Linder 2012). However, in Virginia State Board of Pharmacy (1976), the Court ruled against a law prohibiting advertising the prices of prescription drugs. But this decision was based not upon the rights of the corporation to free speech, but the rights of consumers to "receive information" to enable them to make decisions (Linder 2012).
However, the Court has also found in favor of attempts to limit the constitutional freedoms of businesses to engage in unfettered speech, such as in the case of bans upon cigarette advertisements directed towards minors or on television to the general public. In 1971, all television advertisements directed towards minors were banned and in 2001 the U.S. Supreme Court, in Lorillard Tobacco Company v. Reilly found in favor of states' rights to limit all cigarette advertising directed towards minors. In the majority decision it noted "the First Amendment also constrains state efforts to limit advertising of tobacco products, because so long as the sale and use of tobacco is lawful for adults, the tobacco industry has a protected interest in communicating information...
Reilly, 2012, Exploring Constitutional Conflicts). Recently, there has been a great deal of agitation to promote similar laws banning junk food advertising to children.
Businesses are also constrained in terms of the product claims they can make. For example, the Dietary Supplement Health and Education Act (DSHEA) (1994) prohibit businesses from making unsubstantiated claims about the ability of a supplement to treat disease. Also, "the FDA has issued cease-and-desist warnings about foods that bear structure-function claims. In recent years, it has simply stated that manufacturers are responsible for ensuring that the claims are 'truthful and not misleading'" regarding foods (Nestle 2010). All of this is important for a business to remember given that the underlying principle of consumers to receive accurate information is resonant in all of these examples. Even though businesses can take a certain amount of 'poetic license' when advertising their products (there would be no way to challenge every restaurant that advertised itself as selling 'the world's best pizza' for example) limits…
MEDIA LAW: Argue Against: Discuss 1st amendment implications Family Prevention Tobacco Act 2009. Are tobacco The Family Prevention Tobacco Act of 2009 was one of the more controversial pieces of legislature passed in recent times, for the simple fact that it gave a great deal of authority to the Food and Drug Administration to limit the effectiveness of the tobacco industry and its various companies to sell its products. There are
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This was because, for some stories, they were forced to use less professional correspondents to cover stories that were on a more national scale. 13. Among this list, newspapers and magazines are the most credible because they strive for objectivity and accuracy, at the same time as they possess the most amount of content. Television news programs are second only because they lack the same level of depth. The other
Medicare and Medicaid Services (CMS), previously the Health Care Financing Administration (HCFA), that by the time 2011, health care expenditure will arrive at $2.8 trillion, as well as it will bill for 17% of the Gross Domestic Product. As a result, it is no revelation that white-collar offenders observe health care deception as a rewarding effort. Certainly, the General Accounting Office ("GAO") quotes that such deception accounts for up
Protecting Personal Information When considering the ever-changing and highly competitive global landscape of business today, large firms must be able to effectively globalize their operations in order to reach a greater potential client base, stay at the cutting edge of their respective fields and sustain profitability in the long-term. With the current exponential growth of technology and computerization of business and learning, consumers have become much more connected to the
Internet: Privacy for High School Students An Analysis of Privacy Issues and High School Students in the United States Today In the Age of Information, the issue of invasion of privacy continues to dominate the headlines. More and more people, it seems, are becoming victims of identity theft, one of the major forms of privacy invasion, and personal information on just about everyone in the world is available at the click of