advertising

agreement

An agreement is a manifestation of mutual assent by two or more persons to one another.

It is a meeting of the minds in a common intention, and is made through offer and acceptance. An agreement can be shown from words, conduct, and in some...

commerce

Commerce refers generally to the activity of exchanging products, goods, and services for financial gain. The word commerce usually is used to mean economic activity broadly on a national or other large scale. Commerce can be used in many...

Commerce Clause

The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, among states, and with the Indian tribes.”

Congress has often...

commercial speech

Commercial speech refers to any speech which promotes at least some type of commerce. As established in Central Hudson v. Public Svn. Comm’n, commercial speech is less protected under the First Amendment than other forms of speech.

...

false advertising

False advertising is an actionable civil claim under Section 43(a) of the Lanham Act. A party who successfully sues for false advertising may be entitled to either damages or injunctive relief.

To bring a claim for false...

media

Media Law: Overview

Freedom of the press is a fundamental liberty guaranteed by the First Amendment of the Constitution. As such, courts and legislative bodies have been hesitant to infringe upon the freedom of press. In fact, there are numerous...

obscenity

Obscenity is a category of speech unprotected by the First Amendment. Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures. Indecent materials or depictions, normally speech or artistic expressions, may be...

personal information

Personal information is contextualized data that can be used to identify a person. Personal information is closely connected to the right to privacy, which has evolved to protect the ability of individuals to determine the kind of information...