We have been closely following the evolution of “native advertising” and the regulatory response since before the FTC’s Workshop “Blurred Lines: Advertising or Content?” over two years ago. Applying traditional FTC...more
In two decisions issued last week, major native advertising players Gravity and Outbrain were found to have failed to comply with the online advertising industry’s self-regulatory principles for interest-based ads. The...more
—PART V—
Not all Native Advertising May Be Commercial Speech under the First Amendment -
If there is one thing clear from the case law, it is that the commercial speech analysis under the First Amendment is a...more
—PART IV—
Commercial and Noncommercial Inextricably Intertwined Speech -
The Bolger court found that the mailings constituted commercial speech “notwithstanding the fact that [informational pamphlets]...more
The Evolution of Commercial Speech’s First Amendment Protection -
One of the fundamental purposes of the First Amendment is to promote the free flow of information in the “marketplace of ideas.” To that end, the First...more
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin, we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice....more
In a March 20, 2014 closing letter sent to fashion company Cole Haan, the FTC warned that use of the hashtag #WanderingSole in conjunction with a recent Pinterest contest did not adequately communicate the “material...more
As long as we have sold stuff, we’ve used images or stories to help sell them. As Calvin Coolidge of all people once said in one of his rare Don Draper moments - “Advertising ministers to the spiritual side of...more