[mod.politics] Advertising and free speech

testa-j%OSU-20@OHIO-STATE.ARPA (11/14/86)

From: "Keith F. Lynch" <KFL%MX.LCS.MIT.EDU@MC.LCS.MIT.EDU>
 ...[discussion about free speech]...
>  So what rights do businessmen have?  Less than the rest of us?  The
>supreme court seems to think so.  Several times in recent years they
>have concluded that "commercial speech" is less protected that other
>forms.  This term "commercial speech" does not appear anywhere in the
>constitution.  Does anyone know where it came from?  Marx, perhaps?
>  They have ruled that cigarettes cannot be advertised on radio or 
>TV, and seem close to ruling that they cannot be advertised in the 
>print media either.  Nobody hates cigarettes more than I do, and I 
>make it a         ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
I wouldn't be so sure about that . . .

>point never to buy magazines in which cigarettes are advertised, and
>to encourage others to do the same, but I would be willing to fight
>to protect the tobacco companies' freedom of speech.  I couldn't 
>disagree with their message more if they were advertising communism, 
>but they have the right to say what they choose no matter how 
>repugnant to how many or to whom.

I am not familiar with the DETAILS of the ban on cigarette advertising
on TV, so i have a question: is the ban on the companies who wish to
present this speech, or on companies who wish to SELL advertising
time/space?  I imagine Keith will object to either, but i believe
objecting to restrictions on what one may sell is different than
objecting to restrictions on what one may say.  I am not saying
whether or not it is better or worse.  For example, if the ban on
magazine advertising were imposed, would it be illegal to publish a
magazine such as "Tobacco World"?  (a name i just made up, which may
or may not correspond to an actual magazine)

                                        ~joe testa~
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