The courts already distinguish "commercial speech" as a class of speech. Would we prevent all forms of commercial speech? What about a waiter asking you "would you like to try a rosé with that dish? It pairs very well together." Is that "advertising" that would need to be outlawed?
What about giving out free samples? Is that advertising, and thus should be illegal?
What about putting a sign up on your business that says the business name? Is that advertising?
I hate advertising and propaganda. But the hard part IMO is drawing the line. Where's the line?
For example, it violates no rule to include valid Emergency Broadcast System/Emergency Alert System tones (the electronic, machine-interpretable "chirps") in a movie or TV show, or to publish that via streaming, DVD etc. But no one does this, because broadcasting spurious tones (and triggering spurious automated broadcast interruptions) carries serious first-instance fines to which FCC licensees (ie distributors via broadcast) agree as a condition of licensure. They know they aren't allowed to do this and, very occasional and expensive mishaps excepted, they won't take the risk. (1) So program material that wants to include those tones has to make sure they're excluded from the TV edit, or decide whether the verisimilitude is worth the limit on audience access.
While the specifics of course vary among cases, the basic theory of broadcast (ie distribution) as distinct from and less protected than speech, with the consequential distinction drawn specifically along the scale at which speech is distributed, seems clear.
(1) Some may note instances such as one of the Purge films (iirc) that seem to contradict this claim. Compare the tones in those examples with the ones in test samples or generated by a compliant encoder [1] for the "Specific Area Message Encoding" protocol. Even without a decoder, the FSK frequencies and timings have to be resilient to low-bandwidth channels designed to carry human voice, so it's all well within audible ranges and you can hear the difference between real tones and what a movie or show can safely use. Typically either the pitch is dropped below compliant ranges, or the encoding is intentionally corrupted, or both. But almost always, the problem is just sidestepped entirely, since it's the attention tone that everyone really notices anyway.
[1] https://cryptodude3.github.io/same/ is no more certified than mine but has, unlike my own implementation, been tested against a real EAS ENDEC. At some point I want to test mine against that one and find out how badly I screwed up reading the spec ten years ago...
Uh, what? You say there's no rule and then in the next sentence you talk about a rule.