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CONSTITUTIONAL LAW ADVERTISING AND COMMERCIAL SPEECH A FIRST AMENDMENT GUIDE

Steven G . Brody ( Retired , Morgan , Lewis & Bockius LLP ) and Bruce E . H . Johnson ( Davis Wright Tremaine LLP )

This publication offers a practical perspective on how the U . S . Supreme Court ’ s commercial speech doctrine impacts advertising across nearly 50 industries and professions . Its authors , which include a longtime PLI Faculty Member , have served on the front lines of commercial speech issues , ranging from trying Supreme Court cases to drafting state shield , defamation , and public expression statutes .

Practitioners who confront advertising and commercial speech issues will find useful insights in this guide . It is also instructive for business and media professionals who want to learn how commercial speech doctrine impacts their responsibilities . Covered topics include commercial speech definitions and regulations , along with media outlet considerations . It also explores legal standards for defamation , false commercial speech , and disparagement . The authors even discuss developments around advertising for alcohol , financial institutions , professional services , medication , real estate , tobacco , and more .

Stay ahead of changing developments with PLI ’ s Upkeep Service .

1 looseleaf volume , 1,218 pages , $ 473 , Item # 4906 , ISBN 978-1-4024-0451-1 , Updated annually or as needed

CONTENTS

1 Introduction : The First Commercial-Speech Doctrine 2 Distinguishing Commercial from Noncommercial Speech 3 Creation and Consolidation : The Commercial-Speech

Doctrine from Bigelow to Central Hudson 4 Age of Anxiety : The Commercial-Speech Doctrine from

Metromedia to Posadas 5 Fits and Starts : The Commercial-Speech Doctrine from

San Francisco Arts to Ibanez 6 Age of Expansion : The Commercial-Speech Doctrine from

Rubin to Western States 7 Defamation Based on Advertising 8 Disparagement 9 Lanham Act and Misappropriation Claims 10 Publishers ’ Liability for Damages Resulting from

False Advertising 11 The Right to Refuse Advertising 12 Compelled Commercial Speech 13 Regulation of the Advertising Medium 14 Regulation of Advertising Content

Table of Cases Defendant-Plaintiff Table Index

SACK ON DEFAMATION LIBEL , SLANDER , AND RELATED PROBLEMS

Robert D . Sack ( U . S . Circuit Judge , U . S . Court of Appeals for the Second Circuit )

This treatise — widely cited by U . S . courts ( including the U . S . Supreme Court ), academics , and attorneys — was written and updated for more than 40 years by a media lawyer now-turned U . S . Court of Appeals senior judge . It describes in detail — with extensive , annually updated references to federal and state cases and statutes — the American law of libel , slander , invasion of privacy , and related topics .

In its 1,928 pages , this comprehensive two-volume edition includes in-depth discussions of , among many other issues :

• The status of defamation law under New York Times v . Sullivan and its progeny

• Nonactionable statements

• Malice and “ actual malice ”

• Statutes of limitations

• Attorney statements to the media

• “ Anti-SLAPP ” and retraction statutes

• The types and amounts of damages available to plaintiffs

• The sometimes-confusing treatment of libel per se and slander per se

• Invasion of privacy torts

• Causes of action for injurious falsehood , intentional infliction of emotional distress , and negligent misstatement

• Issues of jurisdiction and motion practice

Effortlessly track key defamation law developments with PLI ’ s Upkeep Service .

2 looseleaf volumes or digital , 1,928 pages , $ 527 , Item # 305205 , ISBN 978-1-4024-2850-0 , Updated annually or as needed

CONTENTS

VOLUME 1 1 Constitutional Principles 2 The Cause of Action 3 Truth and Criminal Libel 4 Opinion 5 Standard of Conduct :

Public Plaintiffs 6 Standard of Conduct : Private Plaintiffs

7 Republication , Rumor , Fair Report , and Neutral Reportage

8 Absolute Privilege , Immunity ,

Consent , and Preemption 9 Qualified Privilege 10 Damages and Other Remedies 11 Retraction

Table of Cases Defendant-Plaintiff Table Index

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