ADVERTISING & MARKETING

Advertising and marketing, sometimes referred to as "commercial speech" enjoys protection under the First Amendment. Commercial speech plays an integral role in the production of newspapers, comprising nearly 80 percent of all newspaper revenue and providing economic stability to the newspaper industry.

Commercial expression enables newspapers to reach new and current subscribers and advertising customers and serves to educate consumers and empower them to make knowledgeable buying decisions. The American market economy relies on the free flow of truthful information between producers and consumers.

Despite constitutional protection for commercial expression, a number of federal laws regulate commercial expression in the United States. NAA provides guidance to its membership regarding laws imposing publisher responsibility for advertising content; imposing restrictions on commercial solicitations sent by electronic mail, facsimile, telemarketing, or telephone messages; or regulating the targeted delivery of online commercial messages tailored to the recipients’ interests.

Related Materials

FCC Report and Order on the Junk Fax Prevention Act

Junk Fax Prevention Act of 2005

CAN-SPAM Act