This report provides a brief overview of federal law with respect to five selected advertising issues: alcohol advertising, tobacco advertising, the Federal Trade Commission Act, advertising by mail, and advertising by telephone. There are numerous federal statutes regulating advertising that do not fit within any of these categories; as random examples, the Food, Drug, and Cosmetic Act requires disclosures in advertisements for prescription drugs ; the Truth in Lending Act governs the advertising of consumer credit ; and a federal criminal statute makes it illegal falsely to convey in an advertisement that a business is connected with a federal agency.
“Rhetoric,” wrote Aristotle, “is the power of determining in a particular case what are the available means of persuasion.” This report reviews some effective means for the rhetoric of persuasive communication in speeches written by congressional staff for Senators and Representatives.
In Simon & Schuster, Inc. v. Members of the new York State Crime Victims Board, the U.S. Supreme Court held that New York State's "Son of Sam" law was inconsistent with the First Amendment's guarantee of freedom of speech and press. This report examines the Supreme Court decision and then considers whether its rationale renders the federal law unconstitutional. Concluding that it likely does, the report considers whether it would be possible to enact a constitutional Son-of-Sam statute. Finally, the report takes note of some state Son-of-Sam statutes that have been enacted since the Supreme Court decision.
“Rhetoric,” wrote Aristotle, “is the power of determining in a particular case what are the available means of persuasion.” This report reviews some effective means for the rhetoric of persuasive communication in speeches written by congressional staff for Senators and Representatives.
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