First Amendment FAQs: Government Action on Food Marketing to Children

First Amendment FAQs: Government Action on Food Marketing to Children

How commercial speech is regulated

What does the First Amendment have to do with government action on food marketing to children? We developed this set of Frequently Asked Questions to help promote an understanding of how commercial speech is regulated.

Food and media companies say the First Amendment doesn’t allow the government to regulate junk food advertising to kids. Is that true? (show)

Why does the First Amendment protect advertising? (show)

What does it mean that the First Amendment “protects” commercial speech? (show)

How hard is it for a commercial speech regulation to pass intermediate scrutiny? (show)

What are the mechanics of the Central Hudson test? (show)

If it is so hard for the government to regulate commercial speech aimed at adults, why aren’t there tobacco billboard ads anymore? (show)

Can the government prohibit false and deceptive advertising? (show)

What about advertising for illegal products? (show)

What counts as commercial speech? (show)

What if a run-of-the-mill business regulation ends up having an unintended impact on commercial speech? (show)

What types of restrictions on advertising and other marketing don’t violate the First Amendment? (show)

Does the First Amendment also limit the disclosures that government can require companies to make about their products? (show)




PDF icon First Amendment FAQs (4/12)271.29 KB