First Page
80
Last Page
114
Abstract
After an introduction in Section I, Section II of this article will present the history of the commercial speech doctrine, illustrating the rules courts use to evaluate whether the FTC’s actions were constitutional. Section III will explain how the FTC combats deception and will describe the choice of remedies the FTC has available. Section IV will present and evaluate three potential solutions to the conflict between the courts and the FTC on First Amendment issues that courts have implemented. Finally, Section V argues that conflict between the two entities is inevitable, and therefore the middle approach is the best solution because it strikes an appropriate balance between consumer protection and First Amendment rights.
Recommended Citation
Kateri J. Son,
Flowing Cleanly: The Proper Roles of the Courts and the FTC in the Information Marketplace of Advertising,
45 J. Nat’l Ass’n Admin. L. Judiciary
80
(2025)
Available at:
https://digitalcommons.pepperdine.edu/naalj/vol45/iss2/4
Included in
Administrative Law Commons, Antitrust and Trade Regulation Commons, Commercial Law Commons, Courts Commons, First Amendment Commons
