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A comment on FTC to Crack Down on Paid Celebrity Posts That Aren’t Clear Ads. Parent comment

Re:FTC to Crack Down on Paid Celebrity Posts That Aren’t Cle... by ISL on Friday August 05, 2016 @11:13AM (#12232910)
Agreed. While the Supreme Court has sensibly concluded that there should be limits to free speech (see 'The Court held that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action.'[1]), it would be interesting to understand how the legal argument that begins with the postulate:

  Congress shall make no law respecting an establishment of religion, or
  prohibiting the free exercise thereof; or abridging the freedom of speech,
  or of the press; or the right of the people peaceably to assemble, and to
  petition the government for a redress of grievances.
can yield, 'We believe consumers put stock in endorsements and we want to make sure they are not being deceived.'

[1] https://en.wikipedia.org/wiki/Brandenburg_v._Ohio

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Re:FTC to Crack Down on Paid Celebrity Posts That Aren’t Cle... by dragonwriter on Friday August 05, 2016 @12:29PM (#12233595)
That's because you forgot several other "postulates" that form part of that legal argument. Among them (this is not an exclusive list) are the Commerce Clause of the Constitution, and various canons of legal construction, including the one that holds that while a newer enactment generally has precedence over an older one, to the extent possible a newer enactment should also be read so as not to minimize conflict with an older one unless it explicitly seeks to reverse the effect of the older one.
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Re:FTC to Crack Down on Paid Celebrity Posts That Aren’t Cle... by cmdrfred on Friday August 05, 2016 @11:53AM (#12233256)
While I agree that the constitutional interpretation is flawed here. It seems we have thrown[0] it[1] out[2] the[3] window[4] for the most part.

[0]https://www.aclu.org/issues/criminal-law-reform/reforming-po...

[1]https://www.thefire.org/college-students-protest-against-so-...

[2]https://en.wikipedia.org/wiki/Federal_Assault_Weapons_Ban

[3]https://en.wikipedia.org/wiki/Internment_of_Japanese_America...

[4]https://en.wikipedia.org/wiki/PRISM_%28surveillance_program%...

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