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My friend gave me a Joe Camel sweatshirt. Is it illegal for me to wear it now?
 
Would it be legal for a telemarketer to call me at 1 a.m., waking me up, to sell me something?
 
Can creditors and telemarketers use profanity over the telephone?
 
Why should gambling ads be different from any other ads?
 
If the government has the greater power to ban gambling ads, why would there be any constitutional problem with restricting speech about gambling?
 
What are the main arguments advanced by those for and against billboards?
 
If the purpose of the ads producers are required to fund is sound economic regulation, then in pursuit of that goal can producers also be forced to make (or not make) certain statements?
 
Why does government regulation of news racks raise a First Amendment issue?
 
Are all attorney ads now protected?
 
 

No, not all. Attorney advertising is a form of commercial speech that is not entitled to the same level of First Amendment protection as other types of noncommercial speech, such as political speech.

Under the U.S. Supreme Court’s commercial-speech doctrine, the threshold question is whether the attorney ad concerns lawful activity and is not misleading. Thus, the government freely may regulate false and misleading attorney ads. If the attorney ad is not false or misleading (or does not concern illegal material), then the government can regulate the ad only if: (1) the government has a substantial interest in regulating the attorney ad; (2) the government’s regulation directly and materially advances its substantial interest; and (3) the regulation is narrowly tailored.

For example, the U.S. Supreme Court in its 1995 decision Florida Bar v. Went For It, Inc., upheld a Florida Bar restriction that prohibited attorney solicitation letters from being sent to accident victims or their families within 30 days of the accident. The Court reasoned that the 30-day ban on attorney solicitation letters was a narrowly tailored way to protect the privacy of accident victims and the reputation of lawyers.

 
 
Why shouldn't the FDA have unfettered ability to regulate the content of labels on health products?
 
Can I sue someone for sending me junk faxes?
 
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Last system update: Saturday, November 21, 2009 | 04:30:33
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