Written by First Amendment experts, Advertising and Commercial Speech: A First Amendment Guide focuses on how the Supreme Court’s commercial speech doctrine affects advertising in nearly fifty industries and professions including for the services of accountants, doctors and dentists, lawyers, pharmacists, educators, and more.
Among the many topics discussed in this new release are the following:
- Lanham Act and misappropriation claims: New material in section 9:2 discusses two major post-Ariix decisions from federal courts in San Francisco involving failed lawsuits seeking to leverage the Lanham Act as a basis for challenging Facebook’s efforts to police its website against the spread of online misinformation.
- Compelled commercial speech—housing: A revised section 12:11 examines a case from the Eastern District of New York involving a challenge by “five small landlords” to an emergency state eviction moratorium law enacted in the middle of the COVID-19 pandemic.
- Taxation of media: An update to section 13:4.1 covers a case from the Ohio Supreme Court regarding whether a billboard tax violated the First Amendment’s protections for freedom of speech and freedom of the press.
- Regulation of advertising content: Cases added to chapter 14 include:
- Florida proceedings challenging the state’s law that prohibited cruise lines from requiring passengers to provide COVID-19 vaccination or post-infection recovery documentation prior to boarding (see section 14:2); and
- Fair housing cases dealing with a Seattle ordinance that precluded landlords from taking adverse action against tenants and prospective tenants based on criminal history and a case in New York involving a law that prohibited landlords from “threatening” residential or commercial tenants based on the tenant’s COVID-19 status (see section 14:17).
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