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

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 tribes.

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...