• FTC consists of 5-people holding 7-year terms
• Members are appointed by the president
• Regulates trade practices and advertising

What three elements constitute a deceptive ad?

1) Liklihood of deception

2) Characteristics of consumers

3) Materiality of the statement or omission

Express Falsehoods: False factual statements about a product

Ex/ Stating a drug cures an ailment without proof

Implied Falsehoods: False meaning created in the mind of the reader in what is otherwise truthful

Ex/Bread states it has half the calories per slice, but omits the fact that slices are half as thick

Puffery: advertisers are allowed to exaggerate subjective nature of their product like taste, feel, smell or appearance.

Ex/ "Better", "Best", "Greatest"

Material that is sexually oriented and depicts sexual activities or organs in a patently offensive manner, has some 1st amendment protection based on medium.

Internet: protected b/c requires effort to receive message

TV/Radio: Regualted because material is accessible by all ages

FCC determines indecency on a case-by-case basis

Which media industries are self-regulated?

Which are regulated by the FCC?

Self-regulated: Movies, Music, Video Games

FCC Regulated: Sexually Expressive Conduct

• Ex/ Nude Dancing

What are the government's methods and rationale for regulating obscenity and indecency?

(See City of Renton v. Playtime Theatres, Inc.)

How might the protections for defendants under the Sixth Amendment contradict with First Amendment speech protections?

Define Jury Prejudice:

How does it related to the First Amendment?

• The Sixth Amendment requires defendants be tried according to evidence admissable in court.
• Media stories produced under the First Amendment may prejudice the jury against the defendant before the trial even begins.

• To protect journalists and their sources from being revealed
• 30 states have these laws, but there is no federal regulation

• Shield laws protect journalists from having to reveal their sources
• Congress has failed to pass federal shield law legislation

• Deceptive Ads contain falsehoods, or create false impressions that tend to mislead
• Deception is determined by overall impression of an ad, not individual statements
• Intentions of advertiser do not matter

• Consumer must be acting reasonably in the circumstance
• Ads are deceptive is they likely mislead a substantial number of consumers
• FTC expresses specific concern for the sick, aged and children

• A material statement or omission is one that is likely to affect consumers' purchasing decision
• Expressly false statement about product attributes are almost always deceptive

Supreme Court held that localities may impose regulations that prohibit adult theatres from operating within certain areas, the regulation was a content-neutral time-place-manner restriction.