Alan Pate

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All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part V

—PART V— Not all Native Advertising May Be Commercial Speech under the First Amendment - If there is one thing clear from the case law, it is that the commercial speech analysis under the First Amendment is a...more

10/3/2014 / Advertising , Commercial Speech , Content Marketing , Federal Trade Commission (FTC) , First Amendment , Native Advertising

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part IV

—PART IV— Commercial and Noncommercial Inextricably Intertwined Speech - The Bolger court found that the mailings constituted commercial speech “notwithstanding the fact that [informational pamphlets]...more

10/3/2014 / Advertising , Commercial Speech , Federal Trade Commission (FTC) , First Amendment , Native Advertising , Online Advertisements , Social Networks

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part III

The Evolution of Commercial Speech’s First Amendment Protection - One of the fundamental purposes of the First Amendment is to promote the free flow of information in the “marketplace of ideas.” To that end, the First...more

10/2/2014 / Commercial Speech , Federal Trade Commission (FTC) , First Amendment , Native Advertising

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part II

In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin, we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice....more

10/2/2014 / Advertising , Commercial Speech , Federal Trade Commission (FTC) , First Amendment , Native Advertising , Online Advertisements , Social Networks

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