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First Amendment › Advertising

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Troutman Pepper

Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings

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In August, a group of tobacco companies filed a petition for certiorari at the U.S. Supreme Court, seeking review of a lower court’s holding that the First Amendment does not prohibit the U.S. Food and Drug Administration...more

Blank Rome LLP

Maryland’s Digital Advertising Tax Survives First Amendment Challenge (For Now)

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On July 3, 2024, the U.S. District Court for the District of Maryland dismissed a First Amendment challenge to Maryland’s Digital Advertising Gross Revenues Tax (the “Tax”) holding that while a provision in the Tax scheme...more

Venable LLP

Synthetic Content, Real Regulations: Regulation of Artificial Intelligence in Political Advertising

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As campaigns explore new ways to harness artificial intelligence, regulators are rushing to keep pace ahead of the 2024 elections. The explosion in generative AI has put pressure on lawmakers and advertising platforms alike...more

BakerHostetler

Child’s Play or Constitutional Clash? Unpacking New York’s Bold Move to Restrict Food Advertising to Kids

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Last week, New York Senate Bill S 213B, which is aimed at restricting food advertising to children, was heard by the Agriculture Committee and voted out on a 6 to 2 vote along party lines, with the Democrats in the majority....more

Dorsey & Whitney LLP

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

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40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more

Bradley Arant Boult Cummings LLP

Get Up, Stand Up: Mississippi Medical Cannabis Dispensary Sues State Challenging Advertising and Marketing Restrictions on First...

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This morning, an Olive Branch medical cannabis dispensary, TruSource Medical Cannabis, and its owner, Clarence Cocroft, filed a lawsuit in the United States District Court for the Northern District of Mississippi against, in...more

Davis Wright Tremaine LLP

FEC Considers Possible Restrictions on AI and Deepfakes in Campaign Ads

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On August 16, 2023, the Federal Election Commission (FEC) published a Notice of Availability of Petition for Rulemaking (Notice) seeking comment on whether it should initiate a formal rulemaking to clarify that existing...more

American Conference Institute (ACI)

[Event] 41st FDA Boot Camp - September 20th - 21st, Boston, MA

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ACI’s FDA Boot Camp is back in Boston! This essential training course – now in its 41st iteration – continues to provide the working knowledge of core essentials of FDA law and regulation, including the new amendments under...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2023

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Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more

Akerman LLP - SALT Insights

Maryland’s High Court Hands the State a Big Win in its Digital Ad Tax Dispute, More Challenges to Follow

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Last fall, when a Maryland County Circuit Court held that the Maryland Digital Ad Tax violated the dormant commerce clause, the supremacy clause, the Internet Tax Freedom Act, and the First Amendment of the U.S. Constitution,...more

Goodwin

Cannabis Marketing Proposed Regulations in New York & Neighboring States

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Marketing of cannabis products, supplies, and stores is tricky. States that are eager to embrace a thriving and lucrative cannabis market are still often hesitant to permit the type of advertising common for other products,...more

Kelley Drye & Warren LLP

Ana De Armas Fans Move Forward on False Advertising Suit

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The 2019 movie Yesterday is about a world without the Beatles. The 2022 lawsuit over Yesterday is about a movie without Ana de Armas. Two fans who each paid $3.99 to rent the movie based on seeing the actress in the trailer...more

Williams Mullen

Assessing and Mitigating Legal Risk: Emerging Trends and Challenges to the PLCAA

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Recent developments may cause firearms manufacturers to reevaluate their business and marketing practices to lessen their legal exposure. As we wrote previously, the Protection of Lawful Commerce in Arms Act (PLCAA) provides...more

Akerman LLP - SALT Insights

What’s Next For Maryland’s Digital Advertising Tax?

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Maryland’s controversial Digital Advertising Gross Revenues Tax (the “Digital Ad Tax”) recently shot back to the top of the headlines when Maryland Circuit Court Judge, Alison Asti, ruled from the bench that the tax is...more

BakerHostetler

Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

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For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually...more

American Conference Institute (ACI)

[Virtual Conference] FDA Boot Camp - September 14th - 15th, 8:15 am - 1:30 pm EST

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Through nearly 19 years, ACI’s FDA Boot Camp has been the training grounds for life sciences attorneys and executives to master the fundamentals of FDA regulation. Don’t miss your opportunity to join their ranks....more

Bricker Graydon LLP

City of Austin, Texas v. Reagan Natl. Advertising of Austin, LLC - Loosening the First Amendment’s grip on governmental sign...

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Sign law is a historically convoluted and ever-evolving legal topic. The court system is continuously issuing decisions expanding and restricting the scope of the government’s authority to regulate signage in an attempt to...more

Hogan Lovells

Restrictions on Lawyer Ads Involving Drugs and Medical Devices Are Not Unconstitutional, Says Federal Court

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The Fourth Circuit has found that a West Virginia state law restricting how attorneys can solicit clients in pharmaceutical and medical device cases does not violate the First Amendment. At the end of April, a three-judge...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides City of Austin, Texas v. Reagan National Advertising of Austin, LLC

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On April 21, 2022, the U.S. Supreme Court decided City of Austin, Texas v. Reagan National Advertising of Austin, LLC, et al., No. 20-1029, holding that a city ordinance regulating offsite advertising is not subject to strict...more

Dorsey & Whitney LLP

The Supreme Court - April 21, 2022

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Boechler, P.C. v. Commissioner of Internal Revenue, No. 20-1472: This case involves the application of “equitable tolling” in tax “collection due process” cases. This case arose after the IRS sustained a proposed levy on the...more

BakerHostetler

[Podcast] You Can Say That, But It Will Cost You - The 1st Amendment and State Taxation

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Maryland and Ohio courts disagree on whether taxing billboards violates the 1st amendment. Will the Supreme Court weigh in? How will this affect the surge of interest in targeted taxes on digital advertising? Matt Hunsaker...more

Proskauer - Advertising Law

“Butter” Luck Next Time: Court Finds California Cannot Preclude Vegan Dairy from Using “Vegan Butter” Labeling

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Judge Richard Seeborg of the Northern District of California recently ruled in favor of Miyoko’s Kitchen in a suit concerning Miyoko’s labeling of its plant-based spread as “vegan butter.” In doing so, Judge Seeborg...more

Keating Muething & Klekamp PLL

Ohio Supreme Court Strikes Down Billboard Tax as Unconstitutional

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The Ohio Supreme Court recently struck down a billboard tax as unconstitutional in Lamar Advantage GP Co., LLC v. Cincinnati, Slip Opinion No. 2021-Ohio-3155.  The case evaluated an excise tax placed on the installing,...more

Husch Blackwell LLP

Update On Cattle Checkoff

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On April 20, 2020, we blogged about the legal challenge to Montana’s requirement that sellers of cattle must contribute $1.00 per head to Montana’s Beef Council to fund advertisements for beef. Many sellers would prefer to...more

Cozen O'Connor

Federal Court Declines To Protect Smith & Wesson From New Jersey Subpoena

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Acting New Jersey AG Andrew Bruck obtained a ruling from the U.S. District Court for the District of New Jersey dismissing a lawsuit brought by gun manufacturer Smith & Wesson Brands, Inc. and related entities (collectively,...more

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