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Re:What If We Made Advertising Illegal? by tptacek on Saturday April 05, 2025 @04:30PM (#43596592)
Commercial speech is protected by the First Amendment.
Re:What If We Made Advertising Illegal? by sethammons on Saturday April 05, 2025 @04:50PM (#43596719)
Should it be?
Re:What If We Made Advertising Illegal? by worik on Saturday April 05, 2025 @05:02PM (#43596800)
No.

The purpose of "free speech" is to allow the spread of ideas.

The purpose of advertising is to spread an idea.

They are different things.

Re:What If We Made Advertising Illegal? by eddythompson80 on Saturday April 05, 2025 @06:17PM (#43597267)
What?

Yes, the purpose of "free speech" is to allow the spread of ideas. The purpose of any particular piece of speech (a book, a pamphlet, a poster, a sign, a rally, a concert, anything) is to spread an idea. The idea in that particular piece of speech.

Do you want to preserve free speech but ban speech that tries to spread an idea? Your comment would be banned because you're trying to spread that idea.

Commercial speech is a legal term for speech that promotes commerce [1].

[1] https://www.law.cornell.edu/wex/commercial_speech

Re:What If We Made Advertising Illegal? by tptacek on Saturday April 05, 2025 @05:27PM (#43596958)
I mean, if you're going to make up your own First Amendment jurisprudence. But it would be worth reading the line of cases from Schneider through Sorrell (there's a lot of them) to get the reasoning of several generations of jurists on why it's not this simple.
Re:What If We Made Advertising Illegal? by dahart on Sunday April 06, 2025 @11:53AM (#43602371)
Commercial speech is also widely recognized to have lesser First Amendment protection than personal, political, or ideological speech, and there are cases of advertisers losing in court, c.f. Spann v J.C. Penney, as well as decisions that explicitly limit the First Amendment protections of commercial speech.

Trying to ban all advertising of course wouldn’t get anywhere (especially under the current SCOTUS), and the article’s author clearly hasn’t really thought through the implications. But there is a legal door that is ajar, in the Central Hudson test, and could potentially be widened by arguing that some classes of today’s advertising are against the public interest; the First Amendment is already not blanket covering all commercial speech.

Re:What If We Made Advertising Illegal? by tptacek on Sunday April 06, 2025 @04:02PM (#43604487)
There is no conceivable Supreme Court configuration that would uphold a ban on advertising.

Meanwhile, even the original Central Hudson test --- if commercial speech concerns lawful activity and isn't misleading, the government (1) needs a substantial interest and (2) must narrowly tailor the restriction --- was inhospitable to the sentiment in this blog post. But Central Hudson has as I understand it gotten more restrictive, not less; for instance, Sorrell, which was a bipartisan decision, applies heightened scrutiny to regulations under Central Hudson.

You can keep cigarette ads out of Highlights for Kids. But you're not going to be able to keep Nike from buying up ad inventory, and you'll certainly not be able to regulate political and cause advertising (and "propaganda").

Re:What If We Made Advertising Illegal? by dahart on Sunday April 06, 2025 @08:55PM (#43606377)
Oh I totally agree, a blanket ban on advertising isn’t remotely realistic, ever. It’s a silly idea, and I doubt what most people want. I’m just sayin’ the Central Hudson test makes commercial speech less protected than, say, political rants, and it could in theory be used to reduce protections, even if that’s not happening right now. Either way, banning ads and free speech protections are two somewhat separate issues, ads could be legal without having any free speech status.