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1. toomim+12[view] [source] 2025-04-05 18:15:37
>>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?

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2. imiric+77[view] [source] 2025-04-05 18:43:15
>>toomim+12
We don't need to go into absurd discussions in order to prevent 99% of the harm that comes from modern advertising.

The line is clear: is money being exchanged in order to promote a product? That's advertising.

Someone I know mentioning a product because they want to recommend it to me? Not advertising.

Giving out "free" samples? Presumably someone is being paid to do that, so advertising.

We can later quibble about edge cases and how to handle someone putting up a sign for their business. Many countries have regulations about visual noise, so that should be considered as well.

But it's pretty easy to distinguish advertising that seeks to manipulate, and putting a stop to that. Hell, we could start by surfacing the dark data broker market and banning it altogether. That alone should remove the most egregious cases of privacy abuse.

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3. tptace+ll[view] [source] 2025-04-05 20:30:41
>>imiric+77
Commercial speech is protected by the First Amendment.
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4. dahart+yQ1[view] [source] 2025-04-06 15:53:13
>>tptace+ll
Commercial speech is also widely recognized to have lesser First Amendment protection than personal, political, or ideological speech, and there are cases of advertisers losing in court, c.f. Spann v J.C. Penney, as well as decisions that explicitly limit the First Amendment protections of commercial speech.

Trying to ban all advertising of course wouldn’t get anywhere (especially under the current SCOTUS), and the article’s author clearly hasn’t really thought through the implications. But there is a legal door that is ajar, in the Central Hudson test, and could potentially be widened by arguing that some classes of today’s advertising are against the public interest; the First Amendment is already not blanket covering all commercial speech.

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5. tptace+Go2[view] [source] 2025-04-06 20:02:23
>>dahart+yQ1
There is no conceivable Supreme Court configuration that would uphold a ban on advertising.

Meanwhile, even the original Central Hudson test --- if commercial speech concerns lawful activity and isn't misleading, the government (1) needs a substantial interest and (2) must narrowly tailor the restriction --- was inhospitable to the sentiment in this blog post. But Central Hudson has as I understand it gotten more restrictive, not less; for instance, Sorrell, which was a bipartisan decision, applies heightened scrutiny to regulations under Central Hudson.

You can keep cigarette ads out of Highlights for Kids. But you're not going to be able to keep Nike from buying up ad inventory, and you'll certainly not be able to regulate political and cause advertising (and "propaganda").

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