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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

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

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

Advertising Law - Mar 14, 2014

Sue Like Mike: Jordan Wins Reversal in Publicity Rights Suit - An advertisement congratulating Michael Jordan on his induction into the Basketball Hall of Fame constituted commercial speech, the Seventh U.S. Circuit...more

Advertising Law -- Jan 24, 2014

SPECIAL FOCUS: Exploring the Ony Decision and Its Impact on False Advertising Claims Involving Scientific Findings - Last year, the Second Circuit issued an opinion in Ony, Inc. v. Cornerstone Therapeutics, Inc., a...more

Spirit Airlines v. U.S. Dep’t of Transportation

Brief Of Amici Curiae CATO Institute And The National Federation Of Independent Business Small Business Legal Center In Support...

It is axiomatic that the freedom of speech is vitally important to our democratic society and that being able to criticize the government is at the core of this freedom. Yet government officials are constantly inventing new...more

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