After more than a dozen years of activity, some 161 indictments, 64 arrests, and 47 surrenders, the International Criminal Tribunal for the former Yugoslavia (ICTY) has accomplished a good deal in terms of its primary task of prosecution. Nonetheless, there is still much debate over the state of transitional justice in the Balkans and what has been accomplished. We cannot forget that the ICTY was created with broad political and social purposes in mind, specifically to contribute to the restoration and (...) maintenance of peace. Using a comparative framework, we develop benchmarks of transitional justice outcomes to examine these vague but important and ambitious goals. Although conventional wisdom says that the ICTY is used instrumentally by Balkan leaders who are fundamentally opposed to the court’s existence, we demonstrate that there is also evidence of broader political and social change throughout the region. Thus, we contend that Balkan countries have indeed moved beyond mere prosecution. (shrink)

Despite the burgeoning literature on professionalism in other health professions, psychology lags behind in the level of attention given to this core competency. In this article, we review definitions from other health professions and how they address professionalism. Next, we review how this competency evolved within health service psychology (HSP), and we propose a definition. We offer an approach for assessing professionalism within HSP. Consideration is given to strategies and methods for providing effective education and training in this multifaceted competency. (...) Finally, recommendations are made for creating a culture of professionalism within HSP and honoring psychology’s social contract with multiple publics. (shrink)

Cognitive Science, Volume 46, Issue 6, June 2022.

Increasingly, professionalism has been recognized as a core competency for health service professionals and is the domain in which vexing competence problems are observed in trainees. We begin by describing manifestations of problems of professionalism in accord with the values that fall within the rubric of this multifaceted construct. We provide an approach for evaluating problems of professionalism and discuss intervention for trainees with mild, moderate, or severe problems in this domain. We propose implications for training focused on enhancing the (...) culture of programs; bolstering the education, guidance, and mentoring provided related to professionalism; and encouraging best practices for addressing trainees with problems of professionalism. We conclude by sharing ideas about defining professionalism, identifying problems of professionalism, strengthening our approach to assessing professionalism and intervening when problems are evident, developing strategies for preventing professionalism problems, and ensuring that psychologists take seriously their responsibility to address professionalism concerns with colleagues. (shrink)

This is the first collection dedicated to presenting research directly influenced by the innovative and groundbreaking ideas of the eminent linguist Ruqaiya Hasan. The collection offers an insight into the breadth and depth of Hasan's distinctive linguistic approaches and theoretical concerns. The chapters cover areas such as verbal art, context of situation, semantic networks, cohesive harmony, text structure and literacy education, contributed by well-known scholars in the field such as M.A.K. Halliday, Geoffrey Williams, David Butt, Donna Miller, Wendy L. (...) Bowcher, Tom Bartlett and Margaret Berry. The volume contains an interview with Ruqaiya Hasan by David Butt and Jennifer Yameng Liang, and a section in which the contributors describe their connection and/or history with Ruqaiya Hasan and her work. This book is of particular value to scholars and students working in sociolinguistics, literary criticism, stylistics, functional linguistic theories, literacy pedagogy, social semiotics, multimodality and applied linguistics. (shrink)

Why do we find agents less blameworthy when they face mitigating circumstances, and what does this show about philosophical theories of moral responsibility? We present novel evidence that the tendency to mitigate the blameworthiness of agents is driven both by the perception that they are less normatively competent—in particular, less able to know that what they are doing is wrong—and by the perception that their behavior is less attributable to their deep selves. Consequently, we argue that philosophers cannot rely on (...) the case strategy to support the Normative Competence theory of moral responsibility over the Deep Self theory. However, we also outline ways in which further empirical and philosophical work would shift the debate, by showing that there is a significant departure between ordinary concepts and corresponding philosophical concepts, or by focusing on a different type of coherence with ordinary judgments. (shrink)

Critical discourse analysis is a useful and productive qualitative methodology but has been underutilized within nursing research. In order to redress this deficiency the research presented in this article represents an exploration of the way in which critical discourse analysis may be applied to the analysis of public debates around policy for nursing practice. In this article the author discusses the history of the application of critical discourse analysis and provides an example of its application to the debate around the (...) use of nurse practitioners within the Australian healthcare system. (shrink)

As countries around the world work to restrict unhealthy food and beverage marketing to children, the U.S. remains reliant on industry-self regulation. The First Amendment’s protection for commercial speech and previous gutting of the Federal Trade Commission’s authority pose barriers to restricting food marketing to children. However, false, unfair, and deceptive acts and practices remain subject to regulation and provide an avenue to address marketing to young children, modern practices that have evaded regulation, and gaps in the food and beverage (...) industry’s self-regulatory approach. (shrink)

Previous research reveals that when leaders enact environmentally specific transformational leadership, they positively affect corporate environmental responsibility. While this research provides important insights into how leaders create and shape corporate environmental responsibility, confidence in the validity of these findings is limited because the psychometric properties of the measurement of environmentally specific transformational leadership has not yet been assessed. The goal of the current research was to develop and validate a measure of environmentally specific transformational leadership. To this end, four studies (...) were conducted, which together produced a reliable and valid scale from which future research can stem. Theoretical and practical limitations are discussed. (shrink)

Becoming a Candidate: Political Ambition and the Decision to Run for Office explores the factors that drive political ambition at the earliest stages. Using data from a comprehensive survey of thousands of eligible candidates, Jennifer L. Lawless systematically investigates what compels certain citizens to pursue elective positions and others to recoil at the notion. Lawless assesses personal factors, such as race, gender and family dynamics, that affect an eligible candidate's likelihood of considering a run for office. She also focuses (...) on eligible candidates' professional lives and attitudes toward the political system. (shrink)

Hannah Arendt's and Charlotte Delbo's writings about the Holocaust trouble our preconceptions about those who do evil and those who suffer evil. Their jarring terms “banal evil” and “useless knowledge” point to limitations and temptations facing scholars of evil. While Arendt helps us to resist the temptation to mythologize evil, Delbo helps us to resist the temptation to domesticate suffering.

In response to the obesity epidemic, much discussion in the public health and child advocacy communities has centered on restricting food and beverage marketing practices directed at children. A common retort to appeals for government regulation is that such advertising and marketing constitutes protected commercial speech under the First Amendment. This perception has allowed the industry to function largely unregulated since the Federal Trade Commission 's foray into the topic, termed KidVid, was terminated by an act of Congress in 1981. (...) The FTC has since focused on self-regulation as a potential solution to such concerns. However, this method of control has proven ineffective to protect children, and has led to growing recognition that federal regulation may be necessary.Since KidVid, the evidence has only mounted that children are uniquely vulnerable to the effects of advertising. Over the same time period, the exposition of commercial speech jurisprudence has plateaued, as the Supreme Court has not decided a pure commercial speech case since 2002. (shrink)

This paper shares findings of a qualitative project exploring teacher candidates’ reflections on their own social studies inquiry teaching using video capture and annotation technology (VCAT). Teacher candidates’ annotated video and written reflections were collected and analyzed. Findings include important understandings of teacher candidates’ scholarship-aligned recognitions of strengths and areas for growth as well as areas where they had underdeveloped or novice negotiated conceptions of inquiry-centered instruction.

Recent, well-publicized scandals, involving unethical conduct have rekindled interest in academic misconduct. Prior studies of academic misconduct have focussed exclusively on situational factors (e.g., integrity culture, honor codes), demographic variables or personality constructs. We contend that it is important to also examine how␣these classes of variables interact to influence perceptions of and intentions relating to academic misconduct. In a sample of 217 business students, we examined how integrity culture interacts with Prudence and Adjustment to explain variance in estimated frequency of (...) cheating, suspicions of cheating, considering cheating and reporting cheating. Age, integrity culture, and personality variables were significantly related to different criteria. Overall, personality variables explained the most unique variance in academic misconduct, and Adjustment interacted with integrity culture, such that integrity culture had more influence on intentions to cheat for less well-adjusted individuals. Implications for practice are discussed and future research directions are offered. (shrink)

The evolution of modern human life history has involved substantial changes in the overall length of the subadult period, the introduction of a novel early childhood stage, and many changes in the initiation, termination, and character of the other stages. The fossil record is explored for evidence of this evolutionary process, with a special emphasis on middle childhood, which many argue is equivalent to the juvenile stage of African apes. Although the “juvenile” and “middle childhood” stages appear to be the (...) same from a broad comparative perspective, in that they begin with the eruption of the first molar and the achievement of the majority of adult brain size and end with sexual maturity, the detailed differences in the expression of these two stages, and how they relate to the preceding and following stages, suggest that a distinction should be maintained between them to avoid blurring subtle, but important, differences. (shrink)

It is commonly thought that moral rules and principles, such as ‘Keep your promises,’ ‘Respect autonomy,’ and ‘Distribute goods according to need ,’ should play an essential role in our moral deliberation. Particularists have challenged this view by arguing that principled guidance leads us to engage in worse decision making because principled guidance is too rigid and it leads individuals to neglect or distort relevant details. However, when we examine empirical literature on the use of rules and principles in other (...) domains, we find that people can learn to use rules discriminately and that rule-based models tend to outperform even expert judgment. I argue that this evidence poses a problem for the moral particularist. If the particularist claims that we should not rely on decision-making rules when making practical decisions and it turns out that these rules help us make better decisions, then the particularists’ prescriptive account is deficient. However, if the particularist claims that we should rely on practical decision-making rules but not on moral rules, she needs to explain how practical rules are different from moral rules and why we should rely on the former but not the latter. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Cycle of Violence and Feminist Constructions of Selfhood Jennifer L. Rike University ofDetroit Mercy Violence is the heart and secret soul ofthe sacred" (Girard 1977, 31). René Girard reaches this shocking conclusion by tracing the dynamics ofthe generation ofviolence in history, and the ingenious ways in which humanity has learned to funnel violence into ritual sacrifice to avoid apocalypse. His argument pivots upon his understanding ofhumanity as (...) inherently flawed, as fated to conflict in the struggle to survive. Ifthe sacred mechanism of ritual sacrifice is not deployed, violence takes on a power and personality all its own: "If left unappeased, violence will accumulate until it overflows its confines and floods the surrounding area. The role ofsacrifice is to stem this rising tide... and redirect violence into 'proper' channels" (10). Girard's theory about the violent origins ofthe sacred institutions of ritual sacrifice, law, and myth highlights perhaps the chief paradox of religion: it has been used to promote as much as to oppose violence. Today, as feminists explore how women in particular have been the objects ofsuch violence, they too have turned to Girard to understand this paradox, and yet most have ended up criticizing Girard for falsely universalizing typically Eurocentric and androcentric conceptions of humanity, violence, and religion (Shea, Kirk-Duggan, Nowak 24-6).' While they may be right on certain points, it is also possible that the rush offeminist scholars to charge 1 Nancy Jay has also criticized Girard for androcentrism, in particular because "he still grounds all community and culture on male control of male violence" (130). 22Jennifer L. Rike Girard with androcentrism reflects their own refusals to confront how the dark face of violence appears in women as well as in men. Rather than evaluating specific feminist criticisms ofGirard in this regard, I propose a more global approach—to delineate in greater detail how feminist constructions of selfhood need to be informed by Girard's theory of the violent origins ofthe sacred in order for feminism to achieve its own goals. In Girard's view, the ritual ofsacrifice and the law are generated out ofthe socio-psychological mechanisms ofacquisitive mimesis and scapegoating as the sacred's way of controlling violence. In ways he leaves largely implicit, these mechanisms reflect the devastating cyclical effects of violence upon its victims. Girard stops short of reflecting on the roles gender plays in the cyclical processes of violence, and yet, as my subsequent analyses shall demonstrate, there can be little doubt that women participate in these processes in ways both like and unlike men. Women have been scapegoated throughout history, but not all women end up as victims ofviolence and the rituals constructed to appease it. Nor do many women remain simply victims of the tides of violence: many repeat the cycle of victimization and themselves become perpetrators. Moreover, some escape the cycle ofviolence by a variety ofmeans whose patterns are well worth scrutinizing. My point is that women's modes of participation in the processes through which violence makes and remakes itself are far more complex than has been recognized, and merit our full attention. From the perspective of feminist constructions of selfhood, the question then becomes, how does gender affect one's experience of acquisitive mimesis and scapegoating, victimage and perpetration? To claim that only women are victims and only men—and the women they have co-opted—are perpetrators may be politically correct, but that claim ignores some hard but ultimately helpful truths about what women must do to bring about the changes necessary for revolutionizing our society by transforming its violent ways into peaceful ones. My plan, then, is to suggest how Girard might be used to advance the theory and praxis of feminism further by delving into the psychological mechanisms underlying acquisitive mimesis and scapegoating. I shall argue that using object relations theory to understand the ways in which violence splits the human psyche complements Girard's conception of acquisitive mimesis and scapegoating to disclose the complete dynamics ofthe cycle ofviolence. Such understanding is essential to feminist reconstructions of selfhood, because it makes the defeat of sexism and violence possible by exposing them at their roots. Feminist Constructions ofSelfhood23 My project has four steps... (shrink)

Lapses in ethical conduct by those in corporate and public authority worldwide have given business researchers and practitioners alike cause to re-examine the antecedents to personal ethical values. We explore the relationship between ethical values and an individual’s long-term orientation or LTO, defined as the degree to which one plans for and considers the future, as well as values traditions of the past. Our study also examines the role of work ethic and conservative attitudes in the formation of a person’s (...) long-term orientation and consequent ethical beliefs. Empirically testing these hypothesized relationships using data from 292 subjects, we find that long-term perspectives on tradition and planning indeed engender higher levels of ethical values. The results also support work ethic’s role in fostering tradition and planning, as well as conservatism’s positive association with planning. Additionally, we report how tradition and planning mediate the influence of conservatism and work ethic on the formation of ethical values. Limitations of the study and future research directions, as well as implications for business managers and academics, are also discussed. (shrink)

This article is an exploration of the differences between science and technology studies and the history of technology, taken as independent intellectual fields. The differences range from stylistic and professional, to matters of theory, narrative, and inference. These make true interdisciplinarity challenging, although scholars do bridge the disciplines. Both provide important resources for critical technological literacy by promoting historical thinking and by providing tools for exploring reflexivity by the social contextualization of scholarly activities and knowledge production in general.

Without proper recognition of the dual pandemics of COVID-19 and racism that Asian Americans and other racial minorities in the United States are facing, we cannot successfully address structural b...

Self-compassion is a mechanism of symptom improvement in post-traumatic stress disorder, however, the underlying neurobiological processes are not well understood. High levels of self-compassion are associated with reduced activation of the threat response system. Physiological threat responses to trauma reminders and increased arousal are key symptoms which are maintained by negative appraisals of the self and self-blame. Moreover, PTSD has been consistently associated with functional changes implicated in the brain’s saliency and the default mode networks. In this paper, we explore (...) how trauma exposed individuals respond to a validated self-compassion exercise. We distinguish three groups using the PTSD checklist; those with full PTSD, those without PTSD, and those with subsyndromal PTSD. Subsyndromal PTSD is a clinically relevant subgroup in which individuals meet the criteria for reexperiencing along with one of either avoidance or hyperarousal. We use electroencephalography alpha-asymmetry and EEG microstate analysis to characterize brain activity time series during the self-compassion exercise in the three groups. We contextualize our results with concurrently recorded autonomic measures of physiological arousal, parasympathetic activation and self-reported changes in state mood and self-perception. We find that in all three groups directing self-compassion toward oneself activates the negative self and elicits a threat response during the SC exercise and that individuals with subsyndromal PTSD who have high levels of hyperarousal have the highest threat response. We find impaired activation of the EEG microstate associated with the saliency, attention and self-referential processing brain networks, distinguishes the three PTSD groups. Our findings provide evidence for potential neural biomarkers for quantitatively differentiating PTSD subgroups. (shrink)

This special issue of Science, Technology, & Human Values contains articles concerned with ethics in and around scientific practice. These articles ask how organizational routines both produce and diffuse concerns about the risks and benefits of scientific research and products, and why context remains elusive in formal ethical analysis. These cases are from diverse settings, with several touching on issues of economic inequality and participation in scientific research. Each article describes in some way how cultural and institutional configurations shape ethical (...) thinking and the distribution of goods and harms in science. (shrink)

The First Amendment to the US Constitution protects commercial speech from government interference. Commercial speech has been defined by the US Supreme Court as speech that proposes a commercial transaction, such as marketing and labeling. Companies that produce products associated with public health harms, such as alcohol, tobacco, and food, thus have a constitutional right to market these products to consumers. This article will examine the evolution of US law related to the protection of commercial speech, often at the expense (...) of public health. It will then identify outstanding questions related to the commercial speech doctrine and the few remaining avenues available in the United States to regulate commercial speech including the use of government speech and addressing deceptive and misleading commercial speech. (shrink)

This article considers how race and gender shape latina and Latino paths to school success in college. A purposive sample of successful high school and college students was selected. Through interviews, fieldwork, and school records, the researchers find that Latinas navigate successfully through negative stereotypes by maintaining positive definitions of themselves and by emphasizing their group membership as Latina. Young Latino men also see themselves as part of a larger cultural group but tend to have less positive racial and ethnic (...) identities than women do. Typically, they are supported by mentors, such as white athletic coaches, and tend to draw from the meritocratic ethos of sports, regarding their success in individualistic terms. While successful Latinas do not assimilate in the ways predicted by the literature, the young men in this study accept the individualistic and meritocratic ethos of the dominant culture, but with a psychological price. (shrink)

There is growing interest in the processes by which entrepreneurial opportunities are cocreated between entrepreneurs and their stakeholders. The longitudinal case study of de novo firm Wakefield Seafoods seeks to understand the underlying dynamics of phenomena that play out over time as stakeholders emerge and their contributions become essential to the opportunity formation process. The king crab data show that under conditions of uncertainty, characterized by incomplete or missing knowledge, entrepreneurial processes of experimentation, failure, and learning were effective in forming (...) and exploiting an opportunity. Moreover, contrary to existing literature that either emphasizes heroic entrepreneurs or downplays their value, this article shows that both the vision of the entrepreneur and the stakeholder contributions are critical. This detailed examination of process data shows that the cumulative actions made by entrepreneurs in concert with their stakeholders formed an opportunity that coalesced into a new market. (shrink)

John Zaller's finding that members of the public usually follow elites' cues may seem normatively disturbing. If true, it might be taken to obviate the need for democracy or to show that elites are manipulating the public. However, as long as the public sometimes fails to follow elites, we can judge cases of public followership according to independent criteria, such as whether the public's occasional rebellions against elite opinion further liberal-democratic or utilitarian purposes. A review of some prominent cases of (...) mass followership of and mass divergence from elite opinion suggests that public opinion that is independent of elite leadership is neither an unmitigated good nor an unmitigated problem for a well-ordered polity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:74 Feminist Studies 46, no. 1. © 2020 by Feminist Studies, Inc. Jennifer L. Holland “Survivors of the Abortion Holocaust”: Children and Young Adults in the Anti-Abortion Movement During the last three decades of the twentieth century, children across the United States regularly encountered adults who both hailed them as survivors of a holocaust and pleaded with them not to perpetrate one. These adults were not talking about (...) war, at least not in a traditional sense. They were talking about legal abortion. Children and young adults often heard this pitch in school presentations like one made in the mid-1970s by a California anti-abortion group, United Parents Under God, in which pictures of aborted fetuses (whose “feet will never kick a football... run on a playground... or play hopscotch”) and their imagined lost life stories were the centerpiece. Next to pictures of aborted fetuses were pictures of two prematurely born infants of color (the only people of color in the presentation) who were supposedly in danger under Roe v. Wade. With murder hovering in the air, activists asked their teen audience, “Is someone you love next?” According to these California anti-abortion activists, young people were physically and intellectually vulnerable to pro-choice views because they inhabited “atheistic” classrooms “where evil can no longer be called ‘evil.’” “You are quite literally ‘trapped’ in a completely ‘pagan’ situation in our secular society and schools and we must reach you anyway we can,” they continued. In the so-called “pro-life” worldview, liberals were brainwashing children and young people through the media, public schools, and many other institutions. Jennifer L. Holland 75 “Women’s liberal abortion speakers,” political scientists, “who typically work for the STATE” and for whom the “ends justify the means,” and new “secular-science textbooks”—all were trying to frighten teenagers to “into killing [their] OWN OFFSPRING,” activists said. Anti-abortion women, “ordinary women... who LOVE you” according to the California presentation, sought to protect children while feminist “witches... distort [ed] God’s purposes of sexuality.”1 In order to counteract what they viewed as corruption, anti-abortion activists had to wage a counter -battle, politicizing children in order to make them innocent again. In practice, that meant bringing the abortion wars—with their attendant graphic imagery and discussions of immorality, murder, and “holocausts ”—into the haven of childhood. From the movement’s early days, anti-abortion activists waged their fight in the name of innocent young people; abortion, they said, was a genocide of children. While these activists were certainly not the only US movement to use the supposed vulnerability of children to elicit public support for their cause, they also did something different. For the anti-abortion movement, children and young adults were more than just endangered innocents; they were also potential perpetrators. Young people, it seemed, were more liberal than their elders, having allegedly been reared in and indoctrinated by liberal culture. They seemed, in short, to be a potentially pro-choice generation. Thus, adult activists spoke more to and about young people at the end of the century. Adults needed young people to speak for fetuses as “Survivors of the Abortion Holocaust,” but they also needed to convert and save America through them. The anti-abortion narrative of childhood vulnerability offered the restoration of social hierarchies as a solution to the problem of abortion. It was “women’s liberal abortion speakers” and feminist “witches” who were the sources of societal indoctrination. Pro-choice women separated sex and reproduction, thus undermining women’s role in society and changing their relationships with men. More subtly, anti-abortion 1. United Parents Under God, “That They May Live: A Presentation on Abortion,” n.d., folder 1, United Parents Under God Ephemeral Materials, Wilcox Collection of Contemporary Political Movements, Kansas Collection, Kenneth Spencer Research Library, University of Kansas. This publication was probably created in the early to mid-1970s because the few citations contained within are from between 1970 and 1973. 76 Jennifer L. Holland activists—who were almost always white—mourned the loss of past racial hierarchies while also envisioning theirs as a civil rights movement. In the California presentation mentioned above, activists explicitly compared abortion to mandated... (shrink)

Increasing reports of financial entanglements involving scientist and industry have led some to question the neutrality of research results. In December 2003, a story in the Los Angeles Times shocked readers by exposing several cases of NIH scientists embroiled in serious financial conflicts of interest.1 It was revealed, for example, that senior NIH official Stephen Katz was a paid consultant to Schering AG, a German pharmaceutical company with which he was involved in conducting clinical trials. In a similar case, John (...) Gallin, director of the NIH's Clinical Center, was discovered to have co-authored an article on a company's gene-transfer technology, while being paid as a consultant to a subsidiary of the same company. Jeffrey Schlom, director of the National Cancer Institute's Laboratory of Tumor Immunology and Biology, helped direct NIH-funded studies examining wider use for a particular cancer drug while serving as a consultant whose highest-paying client was looking to genetically engineer that drug. (shrink)

The menopause transition is associated with an increased risk of depressed mood. Preliminary evidence suggests that increased sensitivity to psychosocial stress, triggered by exaggerated perimenopausal estradiol fluctuation, may play a role. However, accurately quantifying estradiol fluctuation while minimizing participant burden has posed a methodological challenge in the field. The current pilot project aimed to test the feasibility of capturing perimenopausal estradiol fluctuation via 12 weekly measurements of estrone-3-glucuronide (E1G), a urinary metabolite of estradiol, using participant-collected urine samples in 15 euthymic (...) perimenopausal women ages 45-55 years. Furthermore, it aimed to correlate E1G fluctuation (standard deviation across the 12 E1G measurements) with weekly mood and cardiovascular, salivary cortisol, and subjective emotional responses to the Trier Social Stress Test (TSST) at weeks 4, 8 and 12. Protocol acceptability and adherence was high; furthermore, E1G fluctuation was positively associated with anhedonic depressive symptoms and weekly negative affect. E1G fluctuation was also associated with increased heart rate throughout the TSST as well as higher levels of rejection, anger, and sadness. E1G fluctuation was not significantly associated with TSST blood pressure or cortisol levels. This study suggests a feasible method of assessing estradiol fluctuation in the menopause transition and provides support for the hypothesis that perimenopausal estradiol fluctuation increases sensitivity to psychosocial stress and vulnerability to depressed mood. (shrink)

Legal and ethical concerns have been raised since the inception of the commercial mug shot website industry in the United States. These issues include the violation of the presumption of innocence, privacy interests, humiliation, extortion, and sensationalizing crime. These websites lend comparison to Bedlam asylum, which allowed visitors to mock and humiliate the patients. The popularity of these websites renders it essential that the legality and ethics of these websites be reevaluated. The deontological and utilitarian perspectives offer converging assessments regarding (...) the need to regulate the industry and to modify the practices of law enforcement agencies and news organizations. (shrink)

The evidence reveals that young children are targeted by food and beverage advertisers but are unable to comprehend the commercial context and persuasive intent of marketing. Although the First Amendment protects commercial speech, it does not protect deceptive and misleading speech for profit. Marketing directed at children may fall into this category of unprotected speech. Further, children do not have the same First Amendment right to receive speech as adults. For the first time since the Federal Trade Commission's original attempt (...) to regulate marketing to children in the 1970s , the political, scientific, and legal climate coalesce to make the time well-suited to reevaluate the FTC's authority for action. This paper analyzes the constitutional authority for the FTC to regulate television food marketing directed at children as deceptive in light of the most robust public health evidence on the subject. (shrink)