Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
Class Activities
Chapter 12: Advertising
1. Select advertisements from the Internet or print and/or broadcast media. Concoct a
hypothetical government regulation that would call the legality of some aspect of the ad into
question. Different scenarios might raise questions such as: Is this commercial speech or is it
a corporation’s political speech? Does it advertise an illegal product or a product that is
illegal for some part of the population or for some uses? Does the government have any
(heightened) interest in regulating? Is the regulation “fitted” to that interest? etc.
Divide students into two groups, the first will apply the Central Hudson test, while the second
applies the post-Sorrell standard. How does the test affect the outcome? This can be a group
activity or a written assignment for credit.
2. Students find the specific regulation of “vice” product advertising fascinating. As more states
legalize marijuana, the definition of this category and the “proper” regulation of its
promotion become increasingly uncertain. In small groups, ask students to discuss the
competing interests in play in the regulation of the advertising for a specific product, for
example, beer, or hard alcohol, or tobacco. Ask the group to determine (1) the substantial
government interest involved, (2) how specific types of regulation do or do not directly
advance that interest, and (3) whether regulations can be tailored to fit that interest. As a full
class, compare answers or hold a debate about the constitutionality of such regulation.
3. Select one or more case examples of advertisements that have been the target of government
regulation. Many of these are cited in Chapter 12 – for example, Geritol, Listerine, Mazda,
and Tropicana Healthy Heart Orange Juice. Locating the original, challenged advertisements
would enhance this exercise. (The FTC site can be useful: www.ftc.gov.) Ask students to
assume the role of an FTC official and walk through the process of challenging the ad. What
options may the FTC employ to correct the problematic ad? Why choose one or another? Do
standards apply? Utilizing the commercial speech doctrine may also be an element in this
exercise.
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
4. This chapter deals with a number of cases in which cities (especially transit authorities) have
attempted to regulate or ban offensive commercial political speech. In the lead-up to and
wake of the 2018 election, pick one controversial political campaign advertisement and one
controversial political issue advertisement as the basis for class discussion. First, explore
what is lost/gained in First Amendment terms from caustic rhetoric and/or false political
information. Second, examine the reasonable basis for distinguishing between promotions of
a specific candidate and discussions of issues of importance to the public. Third, discuss
whether the First Amendment should protect one or both ads or whether a sufficiently strong
government interest allows government to prohibit either or both. Encourage diverse
opinions and examine the narrowness and lack of clarity of the Supreme Court’s relevant
decisions (e.g., New York Times v. Sullivan, which is a 55-year-old libel decision; and
Citizens United, which pertains to a specific federal law on campaign
spending/contributions). Consider whether today’s court would apply these precedents or
create a new path. Why?