Originally from:
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
Preview Page
CHAPTER 70
LAW OF ADVERTISING
Section
§ 70.01 Introduction
§ 70.02 Constitutional Protection of Commercial Speech
§ 70.03 Civil Rights Considerations
§ 70.04 Prohibited Advertisements
§ 70.05 Advertisements for Commercial Purposes
§ 70.06 Federal Regulation of Deceptive Advertisement
§ 70.07 Prevention of Consumer Fraud Act
§ 70.08 Deceptive Trade Practices Act
§ 70.01 Introduction
The interstate commerce clause of the federal Constitution grants
Congress the power "To regulate Commerce with foreign Nations, and
among the several States, and with the Indian Tribes."1 The first
amendment of the Constitution, on the other hand, prohibits Congress
from abridging freedom of speech (including commercial speech) and
the press. Thus, the courts and federal agencies that regulate commercial
advertising must balance these competing doctrines.
§ 70.02 Constitutional Protection of Commercial Speech
In Valentine v. Chrestensen, the U.S. Supreme Court stated that the
Constitution imposed no restraint on the government's regulation of
commercial speech.2 The case concerned a New York City ban on
commercial handbills. The respondent owned a former Navy submarine,
docked in the East River, to which he invited the public for an admission
fee. He advertised these tours using handbills, but an ordinance
prohibited such advertising. The respondent also tried to circumvent the
ordinance by including both political speech and commercial speech on
the handbill. The Court found the ordinance was consistent with the
Constitution and that the inclusion of political speech within a
commercial message did not bring the advertising within the protection
of the first amendment. Subsequent cases have granted more protection
to commercial speech.3 Thus commercial speech enjoys some protection
but not the exact same level of first amendment protection as
noncommercial speech.4
Roger J. Magnuson is a Partner at Dorsey and Whitney, LLP, where he serves as Head of the National Strategic Litigation Group and has practiced since 1973. He has been recognized as one of the top trial lawyers in the United States by major national and international publications, including Chambers International Guide to American Lawyers, which profiles the top 500 trial lawyers in the United States, Best Lawyers in America, Who's Who in American Law, and Who's Who in America. Mr. Magnuson was also recognized by a Journal of Law and Politics' survey for Judge's Choice "Wins Most Cases."
Some high profile cases that he has litigated include representation of the Florida Senate in the Bush v. Gore election controversy in 2000; and representation of the Plaintiffs in the widely publicized and studied Mall of America case. For several years he has represented, among other persons and entities, the Minnesota Twins and Major League Baseball principals and players in litigation; and has litigated national and local cases in federal and state court venues. He has appealed before the Supreme Court in a number of cases; as well as the Minnesota Supreme Court. He has authored several articles and 7 books.
Richard A. Saliterman is a Principal in Saliternan & Siefferman P.C., a full-service firm in Minneapolis established in 1976. Mr. Saliterman is a leading expert on corporate business matters, and is the author of several publications on business start-ups, franchises, and trademarks. Mr. Saliterman is the former National Judge Advocate for the U.S. Navy League, based in Washington D.C.
Contributing Editor:
Amanda Chang
Contributing Authors:
Alecia Anderson
Seth Back
John Baker
Shannon Berg
Constatin Burachek
Benjamin Carpenter
Ryan Check
Carl Christensen
Peter Fear
Michael Frasier
Aaron Hall
Catherine Hanson
Paul Harman
Amy Ithlan
Michael Kern
Chris Kuhlman
Brett Larson
Joshua Lederman
Karen Lundquist
James Magnuson
Jennifer Mead
Rao Menier
Heidi Miller
Rachael Moxon
Oliver Nelson
Scott Peitzer
Mitchell Skinner
Jonathan Stechmann
Lael Weinberger
Jonathan Wilson
Alex Zumbulyadis
