Book contents
- Frontmatter
- Contents
- PREFACE
- ACKNOWLEDGMENTS
- 1 THE COMMON LAW AND STATUTORY LAW
- 2 CONTRACTS
- 3 TORTS INTRODUCTION
- 4 DEFAMATION
- 5 THIRD PARTY LIABILITY
- 6 COPYRIGHTS
- 7 TRADE SECRETS
- 8 TRADEMARKS
- 9 THE RIGHT OF PRIVACY
- 10 E-MAIL
- 11 THE RIGHT OF PUBLICITY
- 12 CONSTITUTIONAL LAW
- 13 PORNOGRAPHY AND OBSCENITY
- 14 ADVERTISING AND SPAM
- 15 JURISDICTION
- AFTERWORD
- INDEX
14 - ADVERTISING AND SPAM
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- PREFACE
- ACKNOWLEDGMENTS
- 1 THE COMMON LAW AND STATUTORY LAW
- 2 CONTRACTS
- 3 TORTS INTRODUCTION
- 4 DEFAMATION
- 5 THIRD PARTY LIABILITY
- 6 COPYRIGHTS
- 7 TRADE SECRETS
- 8 TRADEMARKS
- 9 THE RIGHT OF PRIVACY
- 10 E-MAIL
- 11 THE RIGHT OF PUBLICITY
- 12 CONSTITUTIONAL LAW
- 13 PORNOGRAPHY AND OBSCENITY
- 14 ADVERTISING AND SPAM
- 15 JURISDICTION
- AFTERWORD
- INDEX
Summary
Introduction
Generally any action designed to draw public attention to an organization, product, or service is considered “advertising.” Certainly web pages qualify as an advertising medium.
Advertising is “speech” and is protected by the First Amendment. However, recall from Chapter 12 on Constitutional Law that commercial speech may be regulated or even prohibited if it is misleading or pertains to an illegal product, or if regulation of the commercial speech directly advances a substantial (i.e., not necessarily compelling) state interest. Examples include the regulation of ads about cigarettes, about whiskey, and about gambling. Television and radio networks screen proposed ads to weed out those that are “offensive.” Will such regulations apply equally on the Net? It's still too early to be sure.
The following Supreme Court case addresses one particular type of advertising – by attorneys – and illustrates the criteria applied in decisions regarding whether advertising may be regulated or even prohibited.
Advertising and Spam: Case 1
BATES ET AL. v. STATE BAR OF ARIZONA
No. 76-316
SUPREME COURT OF THE UNITED STATES
433 U.S. 350; 97 S. Ct. 2691; 53 L. Ed. 2d 810; 1977 U.S. LEXIS 23; 1977-2 Trade Cas.
(CCH) P61,573; 51 Ohio Misc. 1; 5 Ohio Op. 3d 60; 2 Media L. Rep. 2097
Argued January 18, 1977
June 27, 1977; as amended Petition for Rehearing Denied October 3, 1977
BLACKMUN, J., delivered the opinion of the Court, in which BRENNAN, WHITE, MARSHALL, and STEVENS, JJ., joined, and in Parts I and II of which BURGER, C.J., and STEWART, POWELL, and REHNQUIST, JJ., joined.
- Type
- Chapter
- Information
- Computers and the LawAn Introduction to Basic Legal Principles and Their Application in Cyberspace, pp. 355 - 382Publisher: Cambridge University PressPrint publication year: 2009