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Agreement

Definition from Nolo’s Plain-English Law DictionaryA meeting of the minds. An agreement is made when two people reach an understanding about a particular issue, including their obligations, duties, and rights. While agreement is sometimes used to mean a...

Commerce

In 15 U.S.C. §1127:

1) The exchanging, buying, or selling of things having economic value between two or more entities, for example goods, services, and money. Commerce is often done on a large scale, typically between individuals, businesses,...

Commerce Clause

Overview

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, and among the several states, and with the Indian

Congress has...

Commercial Speech

Definition

Speech which promotes at least some type of commerce.

Overview

Under Central Hudson Gas & Electric v. Public Service Commission, 447 U.S. 557 (1980), commercial speech is less protected under the First Amendment than other...

False Advertising

Under Section 43(a) of the Lanham Act, a claim can be made against a defendant for false or misleading advertising. For a claim against a defendant for false advertising, the following elements are met and the plaintiff must show: (1) defendant made...

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 state...

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...