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Free Speech Advertising

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

Paul Hastings LLP

Japanese Supreme Court Rules on Regulations Against Unverified Claims in Advertising - The Validity of Regulatory Design Affirmed...

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How unverified claims in advertising can be regulated is a developing legal issue in Japan. What makes this issue complicated is its bearing on the freedom of speech. Depending on how one feels about the degree to which the...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

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

Keating Muething & Klekamp PLL

Ohio Supreme Court Strikes Down Billboard Tax as Unconstitutional

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

BakerHostetler

AD-ttorneys@law – October 2020 #4

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Supremes Deny Energy Drink Company’s First Amendment Petition - 5-Hour Energy drink maker asks to pour unsubstantiated claims down the drain - Free Speech Spotting - Not too long ago, we covered a dustup between a state...more

Morrison & Foerster LLP - Social Media

Turkey’s New Social Media Law; Social Media Ad Spend; Harvard Law School’s Social Media Policy

In an attempt to shut down free speech online, Turkey enacted a law that requires social media platforms with more than a million daily users in Turkey to open an office there or assign a representative who is legally...more

Best Best & Krieger LLP

An Extraordinary Smackdown of an Ordinary Sign Ordinance

Court Invalidates Common Sign Ordinance on First Amendment Grounds - A federal appeals court cited the First Amendment in invalidating some portions of the City of Troy, Mich.’s sign ordinance that are very common to many...more

Greenberg Glusker LLP

[Webinar] #FreeSpeech: Perspectives from the UK and the US on Social Media Liability for Fake News, Damaging Content and...

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Greenberg Glusker and Farrer & Co are delighted to present a joint webinar during which reputation management and media specialists from both firms will discuss: - Key legal developments in the UK and US related to Big...more

Patterson Belknap Webb & Tyler LLP

Eighth Circuit Serves Another Round of First Amendment Protection for Alcohol Advertising

Food and beverage advertising, like other forms of speech, is usually entitled to First Amendment protection – even if it may not always enjoy the same caliber of protection as, for example, journalism or political speech. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Beer Businesses Strike State Law Showing it Unconstitutionally Interferes with Their Commercial Free Speech Rights

The Eighth Circuit Court of Appeals recently upheld a District Court’s decision to strike down a state law that placed severe restrictions on alcohol advertising. For example, under the law, Joe’s Bar could run the ad, “Drink...more

Tucker Arensberg, P.C.

Free Speech Triumphs in Transit Advertisements

Northeastern Pennsylvania Freethought Society v. County of Lackawanna Transit System, 938 F.3d 424 (3d Cir. Sept. 17, 2019) (United States Court of Appeals for the Third Circuit held that County transit system’s rejection of...more

Sheppard Mullin Richter & Hampton LLP

Celebrity Entertainer Sues Over Video Game Avatar

As real-world celebrities continue to expand the reach of their persona into the digital realm, the potential benefit for advertisers, game developers and esports event promoters is exceedingly high. But with increased...more

Kilpatrick

5 Key Takeaways: Advertising and Technology: Reaching Consumers in a Digital World

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Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at a recent Practicing Law Institute Bridge the Gap program discussing legal issues...more

Tucker Arensberg, P.C.

Municipality’s Retaliation against Newspaper for Unfavorable Press Leads to Civil Rights Claim

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Press and Journal, Inc. v. Borough of Middletown, Civil Action No. 1:18-CV-2064 (M.D. Pa. 2018) (Borough faces a civil rights claim for retaliation against newspaper for unfavorable press coverage). BACKGROUND - The...more

Morrison & Foerster LLP - Social Media

Social Links: Suit over “embedded tweet” with Tom Brady’s photo settles; brand agency manipulates Wikipedia; evidence from...

In March Socially Aware reported on a lawsuit involving several prominent news outlets’ publication of a photo of NFL quarterback Tom Brady on Twitter. The case had the potential to upend a copyright and Internet-law rule...more

Troutman Pepper

HHS to Require Manufacturers to Disclose Drug Pricing in Television Advertisements

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U.S. health officials have taken the first concrete step toward implementing the vision set out in the “American Patients First” blueprint published by President Trump and Health and Human Services (HHS) Secretary Alex Azar...more

Morrison & Foerster LLP - Social Media

Social Links: An EU law to protect copyright owners online; collecting biometric data without running afoul of the law;...

A new law in Australia makes a social media company’s failure to remove “abhorrent violent material” from its platform punishable by significant fines. The law also states that the executives at social media companies who...more

McDermott Will & Emery

Washington Court of Appeals Upholds Multi-Million Dollar Fine for 5-Hour Energy Advertising Claims

On March 18, 2019, the Washington Court of Appeals upheld a trial court’s decision that three advertising campaigns for 5-Hour Energy® made by Living Essentials, LLP and Innovative Ventures, LLP (collectively, Living...more

Patrick Malone & Associates P.C. | DC Injury...

Cracking down on medical hype could cut $30 billion in wasted costs

When reformers look for ways to slash the ever-higher costs of American medical care, one line item should leap from television screens, print pages, and radio broadcasts: How does the nation benefit from medical enterprises...more

Ballard Spahr LLP

Federal Court Blocks Maryland's Online Political Ad Law Under First Amendment

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In a 50-page opinion and order issued recently, a Maryland federal court ruled in favor of a coalition of Maryland and Washington, D.C.-based news organizations on their challenge to a Maryland law that would have placed...more

Best Best & Krieger LLP

Speech Is Speech And It’s Protected - Tori Hester Analyzes Ninth Circuit First Amendment Ruling For Public Agencies In PublicCEO

A recent decision from the Ninth Circuit U.S. Court of Appeals offers a key reminder for public agencies: Even within a nonpublic forum, an individual’s and/or community’s Constitutionally protected freedom of speech cannot...more

Robins Kaplan LLP

Following SCOTUS’ Lead, the Ninth Circuit Strikes Down a Ban on “Disparaging” Ads

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A three-judge panel of the Ninth Circuit has ruled that Seattle violated the First Amendment by banning “disparaging” ads on city buses....more

Best Best & Krieger LLP

Public Bus Ad Gets A Free Ride - County Cannot Prohibit Ad Content Solely Because It’s Disparaging Or Potentially Disruptive,...

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A county violated the First Amendment by refusing to display an advertisement related to global terrorism on its public buses, the U.S. Ninth Circuit Court of Appeals held....more

Akerman LLP - Marks, Works & Secrets

Ninth Circuit Extends Tam 1st Amendment Protections to Advertising

The Ninth Circuit extended the First Amendment protections enunciated by the Supreme Court in Matal v. Tam, 137 S.Ct. 1744 (2017) to advertising in American Freedom Defense Initiative, et al. v. King County (9th Cir. Sept....more

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