David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Business Ethics 15 (10):1051 - 1064 (1996)
A recent wave of public interest surrounding the alleged advertising of cigarettes to children has raised First Amendment issues under the commercial speech doctrine. The two most vocal sides of this debate are sharply divided over the amount of constitutional protection that should be offered to tobacco advertisers. Proponents of restrictions on such ads argue that commercial speech does not advance any ideas worth preserving and is consequently deserving of less protection than other forms of speech. Their opponents assert that commercial speech should be offered wide protection because of its role in contributing to individual autonomy in the marketplace of ideas through informing consumer choice. While I believe that commercial speech should be offered broad protection, I will argue that severe restrictions are morally justifiable and legally defensible when it comes to advertising to children, particularly with respect to harmful products. Since the free market of ideas model is premised upon a notion that there are reasonable consumers that can discern falsehood from truth, this model is invalidated when it comes to children since they cannot be expected to possess the same capacity for judgment as adults.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Caroline Moraes & Nina Michaelidou (forthcoming). Introduction to the Special Thematic Symposium on the Ethics of Controversial Online Advertising. Journal of Business Ethics.
Similar books and articles
Simon Hudson, David Hudson & John Peloza (2008). Meet the Parents: A Parents' Perspective on Product Placement in Children's Films. [REVIEW] Journal of Business Ethics 80 (2):289 - 304.
Elise Truly Sautter & Nancy A. Oretskin (1997). Tobacco Targeting: The Ethical Complexity of Marketing to Minorities. [REVIEW] Journal of Business Ethics 16 (10):1011-1017.
Aysen Bakir & Scott J. Vitell (2010). The Ethics of Food Advertising Targeted Toward Children: Parental Viewpoint. [REVIEW] Journal of Business Ethics 91 (2):299 - 311.
John H. Crowley (1993). The Advertising Industry's Defense of its First Amendment Rights. Journal of Mass Media Ethics 8 (1):5 – 16.
Barbara Stark, Rhetoric, Divorce and International Human Rights: The Limits of Divorce Reform for the Protection of Children.
Paul Horwitz, Free Speech as Risk Analysis: Heuristics, Biases, and Institutions in the First Amendment.
Elizabeth S. Moore (2004). Children and the Changing World of Advertising. Journal of Business Ethics 52 (2):161-167.
Michael Davis (1980). Should Commercial Speech Have First Amendment Protection? Social Theory and Practice 6 (2):123-150.
Vaughana Macy Feary (1992). Taking the Right of Freedom of Commerical Communication Seriously. Journal of Business Ethics 11 (1):47 - 59.
Added to index2009-01-28
Total downloads18 ( #153,723 of 1,726,249 )
Recent downloads (6 months)6 ( #118,705 of 1,726,249 )
How can I increase my downloads?