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This Commercial Speech and Advertising playlist is centered around false claims and false advertising. These false claims can be made by either an individual, company, or other organization. As advertising is a form of speech, the restrictions on it raise questions of constitutionality.
In order to determine if a restriction on an advertisement is constitutional, four questions must be answered:
1. Is the activity being advertised legal and not misleading?
2. Does the government have a meaningful interest at stake?
3. Does the restriction on speech advance that interest?
4. Is the restriction the least restrictive course of action in advancing the interest?
The governing body that handles false claims and misleading ads is the Federal Trade Commission. Among many things, the FTC aims to protect both American consumers from being deceived by businesses as well as working with foreign agencies to protect consumers of the global marketplace. If the FTC believes a false claim has been made or that consumers have been deceived, they can conduct an investigation, sue individuals or companies, and enact new rules and regulations to prevent such behavior from occurring again.
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|1||Show/Hide More||Blogging and Advertising|
|1.9||Show/Hide More||FTC Advertising Violation Example|
|2||Show/Hide More||FTC v. Kellogg|
by Shayna Keith. The Federal Trade Commission (FTC) is an independent agency of the U.S. government (established by the Federal Trade Commission Act). Its principle mission is to promote consumer protection and eliminate and prevent anticompetitive business practices. The FTC prevents consumers from undergoing fraudulent, deceptive, and unfair business practices and provides information to help identify, halt, and prevent them (FTC File No. 0823145, 2009).
Kellogg Company, the world’s leading producer of cereal, agreed to settle FTC charges for falsely advertised their products as enhancing children’s cognitive abilities as well as immunity, however there was no research proving their statements.
|2.2||Show/Hide More||Kellogg Controversial Frosted Mini-Wheats Commercial|
|2.3||Show/Hide More||Kellogg's Misleading Advertising for Frosted Mini-Wheats|
|2.12||Show/Hide More||News Coverage on Kellogg's Rice Krispies Deceptive Commercial|
|3||Show/Hide More||False Privacy Protection Claims|
|3.5||Show/Hide More||Bloomberg Law Interview on FTC v. Facebook with CIPP Professional|
|3.8||Show/Hide More||Study: Information Revelation & Privacy in Online Social Networks|
Student at American University
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