On August 24, 2012, the D.C. Circuit struck down regulations promulgated by the FDA under the Family Smoking Prevention and Tobacco Control Act (the “Act”), which would have required cigarette packages to bear one of nine graphic images depicting the negative health consequences of smoking. Because the D.C. Circuit’s decision appears to be in conflict
First Amendment
Lying Is Protected Speech: What Does This Mean For Advertisers?
By Gary Hailey on
Did you hear the news? The Supreme Court has ruled that lies have First Amendment protection.
I’m not just talking about little white lies, or half-truths, or artful omissions – I’m talking about great big whoppers, like claiming at a public meeting that you were awarded the Congressional Medal of Honor when you were never…
British Religious Group Doesn’t Stand a Prayer Against the ASA
By Amy Mudge & Randy Shaheen on
Healing on the Streets (HOTS) recently went up against the ASA, a British self-regulatory advertising watchdog and lost, in a case that demonstrates the difference having a First Amendment makes. HOTS promoted a leaflet on its website that said:
“NEED HEALING? GOD CAN HEAL TODAY! Do you suffer from Back Pain, Arthritis, MS, Addiction ……