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Advertising and Commercial Speech: A First Amendment Guide gives you the authoritative answers. Written by First Amendment experts, it examines the origin, meaning, and legal evolution of the Supreme Court's commercial speech doctrine, focusing on how this central doctrine's rights and restrictions affect advertising in nearly 50 industries and professions.
This book argues that America's relationship with the First Amendment jeopardizes privacy, equality, fair trials and democracy.
Tamara R. Piety argues that increasingly expansive First Amendment protections for commercial speech imperil public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment. Using evidence from public relations and marketing, behavioral economics, psychology, and cognitive studies, she shows how overly permissive extensions of protections to commercial expression limit governmental power to address a broad range of public policy issues.
A bold, controversial advance in the theory of free expression, grounded in a new underlying theoretical perspective, for a dramatic extension of commercial speech protection.
Addressing a critical need, Advertising and Public Relations Law explores the issues and ideas that affect the regulation of advertising and public relations speech. Coverage includes the categorization of different kinds of speech afforded varying levels of First Amendment protection; court-created tests for laws and regulations of speech; and non content-based restrictions on speech and expression. Features of this second edition include: overviews and synopses for each chapter extended excerpts from major court decisions appendices providing a chart of the judicial system, a summary of the judicial process, an overview of alternative dispute resolution mechanisms, and the professional codes for media industry and business associations online materials for instructors. The volume is intended for upper-level undergraduate and graduate students in media, advertising and public relations law or regulation courses. It also serves as an essential reference for advertising and public relations practitioners.
This book examines the commercial speech of advertising as a cultural phenomenon whose social significance far exceeds its economic influence. Jhally argues that by selling viewing time to advertisers, television converts audiences into laborers who "work" for the media in the same way that workers do in a factory. By watching commercial messages on TV, viewers actively create symbolic meaning, but also generate profit for the media in return for the wage of entertainment.
Globalization stems from many sources, but as Thomas Gould makes clear, advertising is a primary driver of trans-global cultural change. Gould argues that advertising often carries unfiltered and unblocked cultural messages in addition to commercial speech; as such, it not only builds consumer demand to open new markets but also changes consumer expectations and values. At the same time, the evolution of increasingly targeted mobile and social marketing is transforming local and regional cultures into a new mix of global branding and individualized micro-space. Gould examines how advertising professionals negotiate these rocky and quickly-changing cultural terrains. He also explores how advertising—an increasingly global form of communication—is becoming a platform for change at the individual level, and as a direct consequence, at the social and political levels.
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
This book argues that we are witnessing the emergence of ‘commercial democracy’ in which public relations, promotional culture and the media play a new, central role. As the conventional democratic promise of political representation loses traction with the public in many countries, commercial culture steps into this vacuum by offering mirror forms of democracy. Commercial democracy promises representation, voice and agency to the public and in doing so creates new forms of social contract. Based on empirical material, this book examines the Public Relations (PR) produced by corporations and communications produced by charities in an intensely mediatized society. It presents a novel analysis of the shifting significance of brand and reputation. It analyses the ascendancy of commercial speech, PRs’ relationship to post-truth politics, and the transformation of cultural intermediaries into ‘social brokers’. As PR and promotional culture come to inhabit the realm of the social contract and new forms of politics, ‘the public’ and the very idea of ‘publicity’ are transformed.