The Compatibility of Advertising Regulation and the First Amendment—Another View

Abstract

By analyzing the different legal, philosophical, and historical roots of advertising-regulatory law and the First Amendment, this study (a) indicates why advertising's regulatory constraints should not be seen as a precedent for regulation of the press, and (b) gives guidance to marketers as to which aspects of their advertising will probably be seen as protected by the First Amendment and which will probably be subject to regulation and government control.