Chapter 15

Question 1

Commercial Speech (advertising)

Answer 1

Gets some First Amendment Protection, but less than political or artistic speech

Question 2

Obscene Speech

Answer 2

Gets no protection; commercial speech is in the middle

Question 3

Commercial speech must concern ____ and _____ to be protected

Answer 3

Lawful activity; not be misleading

Question 4

• Even protected commercial speech can be regulated if:

Answer 4

1. The government has a substantial interest
2. The regulation directly advances that interest
3. The regulation is narrowly tailored

Question 5

Speech proposing illegal activity or that is false/deceptive receives _____

Answer 5

no First Amendment protection

Question 6

Deceptive advertising

Answer 6

Misleads consumers in material ways

Question 7

The government _____ individuals to speak

Answer 7

Cannot compel

Question 8

Which industry bodies encourage truthfulness without litigation?

Answer 8

National Advertising Division (NAD) and Children’s Advertising Review Unit (CARU)

Question 9

Disputes can be escalated to the ______

Answer 9

National Advertising Review Board (NARB)

Question 10

Lanham Act

Answer 10

Allows competitors to sue for false or misleading advertising

Question 11

Little FTC Acts

Answer 11

State laws allowing consumers to sue for deceptive advertising

Question 12

5 Methods the Federal Trade Commission (FTC) enforces in Truth-in-Advertising laws

Answer 12

1. Voluntary compliance
2. Consent decrees
3. Litigated orders
4. Corrective advertising
5. Injunctions against harmful campaigns

Question 13

Endorsements

Answer 13

Must reflect real experiences, non-typical results must be disclosed

Question 14

Native Advertising

Answer 14

Ads that mimic editorial content must clearly disclose their commercial nature

Question 15

Bait-and-Switch

Answer 15

An illegal tactic where an advertiser lures customers with an offer they don’t intend to honour

Question 16

• CAN-SPAM Act (2003)

Answer 16

Regulates unsolicited commercial email spam

Question 17

• Telemarketing

Answer 17

“Do Not Call” registry upheld against First Amendment challenges.

Question 18

Robocalls ___ without prior written consent

Answer 18

banned

Question 19

Central Hudson Gas & Electric v. Public Service Commission (1980)

Answer 19

Created the commercial speech test still used today

Question 20

Valentine v. Chresetensen (1942)

Answer 20

Early case denying First Amendment protection to advertising

Question 21

Bigelow v. Virginia (1975)

Answer 21

Advertising can give some First Amendment protection

Question 22

• Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (1976)

Answer 22

Consumers have a right to receive information about products and prices

Question 23

Posadas de Puerto Rico v. Tourism Company (1986)

Answer 23

Upheld restrictions on advertising gambling to residents

Question 24

• Mainstream Marketing v. FTC (2004)

Answer 24

Upheld the Do Not Call Registry

Question 25

Substantial Government Interest

Answer 25

A key requirement for regulating protected commercial speech

Question 26

Federal Trade Commission (FTC)

Answer 26

Federal agency enforcing advertising laws

Question 27

Deceptive Advertising

Answer 27

Misleading consumers about a material fact

Question 28

Corrective Advertising

Answer 28

FTC-ordered ads to correct previous deception

Question 29

Endorsement guidelines

Answer 29

FTC rules about honest representation by endorsers