zlacker

>>smnrg+(OP)
This begs the question: how could you reliably distinguish advertising from other forms of free speech?

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?

>>toomim+12
It’s not speech that needs to be regulated, it’s broadcast (which should not have 1A protections at nearly the same level). Even if a waiter is giving recommendations, those are limited to the people at the table and there is clearly a mutual exchange of value. Broadcast (aka Industrial) advertising is something we accept, but not because it particularly benefits the viewer. It benefits the broadcaster and advertiser and makes the viewer into a product.

>>arrose+f4
How would this work for a personal blog? Would I need to be careful not to endorse or even talk about companies and products? And if I didn't have to, wouldn't that open the door for advertising masquerading as news or opinion? Genuinely interested in this.

>>Juettn+Id
Were you paid to talk about the product? If not, then it’s constitutionally protected speech. If there is any kind of payment, it’s advertising. If it’s advertising, follow the law.

>>arrose+4e
What constitutes as payment?

If a company sends you a free sample in exchange for writing a review, and you get to keep it regardless of your conclusion, is that a payment? If so, that shuts down a way for consumers to get reviews of products before purchasing, but if not, the company might find various non-payment ways to influence what the reviewer writes.

>>thayne+RN
Yes, free schwag is a form of payment. I say no inducements, no discounting, fair market rules only.