For the past forty years, efforts to limit or prohibit advertising to children have faced a powerful combination of political and constitutional limitations. The political will and pressure have not been exerted to enact and enforce meaningful regulations that curtail, in all media, the proliferation of advertising directed at children. Such advertising exploits the very market failures that governments around the world, including our own, seek to minimize. Yet even when restrictions on advertising are enacted, they are inevitably met with constitutional challenges. These two limitations - political and constitutional - rest, however, on faulty assumptions about human behavior in the marketplace. This Article demonstrates that removing faulty assumptions reduces the logic of constitutional challenges, even under existing case law.
Browne, M. Neil; Biksacky, Lauren Frances; and Frondorf, Alex, "Advertising to Children and the Commercial Speech Doctrine: Political and Constitutional Limitations" (2009). Economics Faculty Publications. 7.
Drake Law Review