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Commercial Speech Digest |
UPDATE |
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Tobacco Makers Seek High Court Review Tobacco makers have petitioned the U.S. Supreme Court to review a First Circuit decision upholding advertising restrictions in Massachusetts. The rules, which extend to in-store displays and product location, are aimed at shielding children from tobacco messages. Outdoor ads would effectively be banned in about 90 percent of the state's populated area. Manufacturers say the rules conflict with the Federal Cigarette Labeling and Advertising Act and are so broad as to require a stricter level of scrutiny than Central Hudson. Cigar makers, also affected by the rules, have filed their own certiorari petition. Tax Deduction for Drug Ads Threatened
A bill introduced by Rep. Pete Stark (D-Calif.) would
keep drug makers from claiming a tax deduction for advertising expenses.
The “Fair Balance Prescription Drug Advertising Bill” (H.R.
4686) would bar the deduction if the FDA determined that a pharmaceutical
advertisement presented less information about a drug's risks than about
its benefits. The deduction would also be denied if the ad failed to
include truthful statements already required by law about side effects,
con-traindications, and effectiveness.
“The Stark bill is an unconstitutional attempt to restrict speech
because it impermissibly focuses on an advertisement's content and the
speaker,” said John Kamp, of counsel to Wiley, Rein & Fielding.
“This is a naked attempt by Rep. Stark to reduce the amount of
pharmaceutical advertising,” Kamp said.
Internet Wine Case Goes Forward
Federal Judge Richard Berman declined to dismiss a
lawsuit challenging the direct sale and advertising of alcoholic beverages
by out-of-state suppliers to New York residents. In allowing the suit to
proceed to trial, Judge Berman noted that technological advances have
facilitated interstate commerce and that “the Internet is
increasingly responsible for direct sale and shipment of goods to
consumers.” The action had been brought by two out-of-state
wineries and three New York consumers.
Conceived as a three-year program, the Cornerstone Project will feature a
variety of projects and activities reaching all segments of the public.
These will include public service announcements for print and broadcast
media; traveling exhibits; books, publications, and articles; and a
national symposium in Washington, D.C., next year. The campaign's theme
is “Free Speech: The Language of America.”
Funding for the Cornerstone Project has already been provided by six
organiza-tions making up the project's Advisory Board: the National
Association of Broad-casters (NAB), Newspaper Association of America
(NAA), American Association of Advertising Agencies (AAAA),
Magazine Publishers of America (MPA), Na-tional Cable Television
Association (NCTA), and Gannett Foundation. Cornerstone also has an
Advisory Council comprising 10 nonprofit groups involved in journalism,
books, and free speech.
Information about the Cornerstone Project is available on the Institute's
Web site at www.mediainstitute.org. |
CSD Editorial Board
Steven G. Brody, Esq.
Robert Corn-Revere, Esq.
P. Cameron DeVore, Esq.
David L. Hudson, Jr., Esq.
Daniel L. Jaffe
John Kamp, Esq.
Paul McMasters
Prof. Robert M. O'Neil
Dr. Craig R. Smith
Daniel E. Troy, Esq.
John J. Walsh, Esq.
Prof. Harvey Zuckman |
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