NOTES FOR FINAL : NOT IN THE TEXTBOOK
NOTES FOR FINAL : NOT IN THE TEXTBOOK COM 250
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This 5 page Class Notes was uploaded by Natalie Land on Thursday November 19, 2015. The Class Notes belongs to COM 250 at University of Miami taught by Samuel Terilli in Fall 2015. Since its upload, it has received 98 views. For similar materials see Freedom of Expression and Communication Ethics in Communication Studies at University of Miami.
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Date Created: 11/19/15
Commercial Speech Commercial Speech Notes from Class 0 What is purpose of advertising I Get you to buy something I What does this say about advertiser They have a motive trying to get your money How is this different from political speech 0 Political figures also have a motive they want you to vote for them 0 Speech motivated by commercial purpose I We have historically separated commercial speech from poltical speech But is it really that different If they both have a motive I Commercial speech Tainted by elf interest During the 19th century there was a lot of false advertising especially even today False advertisement do we have history of false political speech 0 Yes we do 0 le George bush speech on Iraq marco rubio also Is it honest mistakes 0 There is a lot of exaggeration in advertising and buffery as well 0 In political speech we also have exaggeration and buffery What is essential in a self government place 0 If we have democracy people need access to information and ideas government can t decide what s true or not because they might be doing it for their own sake Do we need advertisements 0 Advertising affects us at home its manipulative o Draws us to buy something I IS one more important than the other Chaplinsky Case and categorical exceptions Supreme court ruled advertising as not protected by the first amendment at first which meant government can do whatever it wanted to advertising It used to be considered a categorical exception Advertising was considered low value form of speech 0 How do we view regulations in this society I Advertising was very resilient it could withstand government regulation because of profit motive but political speech not so much especially if minority people 0 Alex Menklendjon 0 Case 0 Case 0 Case Argued that political speech was highest of value because informed electorate was important and because as a result we cant regulate any of this speech The voters in a free democracy had to know everything about what they were and who they were voting for He believed even stupid speech is protected because whose to say what is and isn t protected We have to tolerate the false ideas He rejected the clear and present danger test said the test was more dangerous than anything Emphasis not on individual but as a greater need for society as a whole Political speech at core of first amendment Advantages o How to regulate it Government can prohibit whenever review before weigh pros and cons I Possible but who decides Valentine v Chrestensen Who was he Entrepreneur of New York bought submarine docks and it printed handbills to advertise tours and city said he cant do this in city streets of new York and fired him He can t advertise for his boat He changed handbills and made one side political speech which was legal and the other side was his advertising They got him again and went to supreme court 0 The supreme court agreed with the fine 90 because they said advertising has no value at all Pitt press v Pitt Communication and Human Religion Search online Bigelow v Virginia 1975 Manage editor accepted advertising for reproductive services Including abortion which was illegal in Virginia and not in New York police man arrest him Goes to Supreme Court which then reverses the decision and say its advertising that s truthful its useful information people may want just because in New York it is illegal and advertisement in Virginia is legal so it should be legal because has nothing to do with New York 0 Case Virginia State Advertisement of prices for prescribed drugs In Virginia this wasn t large amount of pharmacies it was small and with no competition if you put more ads this would cause competition and make prices go up Virginia didn t want this Supreme Court disagreed and said Virginia shows free flow of commercial information to public if we don t allow competition we are hurting the country and people 0 Case Central Hudson Gas and Electric vs PSC 1980 I Regulated utility in New York NY had rule that they can t run ads promoting use of electricity 0 Didn t want to build more wanted to conserve electricity 0 Central Hudson had ad to buy energy efficient stuff 0 The PSC said no because of regulation I Nonsense because it was efficient appliances will conserve Declared unconstitutional by the Supreme Court 0 Advertisement must be truthful for legal activity legal product or service you cant advertise anything illegal 0 government interest in regulating must be substantial o regulation must directly advance the government interest 0 regulation must be no more extensive than needed to achieve government interest I Corporate Speech When Corporation wants to advocate not related to product Belloti Case no business can advertise to influence its voters 0 Supreme Court says business has right to free speech I Case Con Edison V PSC 1980 Insert flyers on issues with bills Psc said no flyers were nuclear plants Supreme Court said they could advertise their position you don t want to read it you have a CHOICE you can just throw it out I Case Bolger v Young Drug Products What about Public Relations Or speech with commercial motive but them to build brand identity or respond to criticism of business or people who run it USPS rule against unsolicited contraceptive ads 0 Informational and promotional notjust money 0 Supreme court the court rejected under four part test and said there is no interest in regulating something so broadly I Case NIKE vs Kasky Public relations campaign against nike negative publicity Nike does a counter campaign sends advertisements and letters not advertising based for making money but for defending themselves They were then sued for false ads Kasky sues nike saying it was false their defenses were false he was afraid it misleads other people he wanted Nike to say they are and admit that they are a piece of shit 0 Not one of these ads specifically mentioned selling so how can they sue 0 Nike was just responding to critics in free market place of ideas Supreme Court then asked where does Public Relations stand under these tests o Is it political speech which is legal all the time or advertising which is o 0 Supreme court couldn t decide so just sent back the case to deal with it in the local courts in California To this day we know advertising is different than political speech government has not complete but a lot of lee way to regulate this advertising Political speech however is fully protected Public relations depends on the type of ad whats protected whats not Property or Place of Expression 0 What are your rights Public Property Private Property Do we do in advance or after now after we look at setting IE The place manner or time of place Briana lives in downtown Miami veteran world war one and is opposed to gays in the military She organizes a parade in boston and the local gay rights group wants to join the parade 0 Does she have a right to say no can government say your discriminating shes using government rights and streets etc 0 Its part of her first amendment right to choose what she wants to do The basic idea here is that these types of expressions have to take place in a location and what can government do to prevent certain things or put rules 0 how about when the government is actually speaking Number one concern government is so powerful so much money so fear is that government might overwhelm market place of ideas the government is bigger than anything else Another concern we also worry government will abuse its own power to maintain its power our fear of propaganda Why allow them to speak 0 Because cant be affective it it cant speak o e government needs to engage in communication with people to convince them to join the draft I Doctrine Today Government cant speak without requiring viewpoint neutrality Very hard when government speaks because he is using our tax dollars and money to speak and hold a speech 0 Case Rust vs Sullivan I Government funding of planned parenthood clinics I Government writes the rules for the doctors and says they can give advice about health care and information but not about abortion Patients and doctors sue But government said they are wrong because it s a government funded program if they want to do their own thing they have to pay 0 Case Johan vs Live stock I Look online 0 Case if there is a government speech in which government wants you to eat something for example it can simply just articulate it it doesn t have to be neutral with private speech its different 0 Case Rosenberg v Rector I UVA state university policy on student activities I They didn t want to give money to Christian group organization that was publishing a newspaper with particular point of view Christian organization sued and Supreme Court agreed because it s a state university and should be protected by first amendment and they were not being netural because they were funding other groups just not the Christian group Being racist o What do we do with speech on public property I e a park I If its private individual then government has to be content neutral with each one I WHATEVER RULE HAS TO BE TO ALL PEOPLE ALL APPLY TO ALL I Certain areas historically opened for expression public park sidewalk certain streets I Government has to be content neutral Government could have rules to promote public safety
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