Restriction on Commercial Speech

2 163 U.S. 537 (1896), effectively, though not explicitly, overruled by Brown v. Board of Education, 347 US 483 (1954). 3 494 U.S. 652 (1990), overruled, Citizens United v. FEC, 558 U.S. 310 (2010). 4 One might say that, with the Civil War, the death spasms of Dred Scott v. Sandford, 60 U.S. 393 (1857), were quite literal. The case was superseded by U.S. Const. amend. XIII (1866) and amend. XIV (1868). 5 2 U.S. 419 (1793), superseded, U.S. Const. amend. XI (1795).

Compelled commercial speech, including mandatory labeling and the disclosure of factually true information, should not be seen as a separate category of speech under the First Amendment. Rather, compelled commercial speech should be subject to the same level of protection as commercial speech generally. This means commercial speech compulsions, such as mandatory disclosures and labeling requirements, must be supported by a substantial government interest. The assertion of a consumer “right to know” does not constitute such an interest and cannot, by itself, justify compelled commercial speech. Allowing such a justification for compelled commercial speech would eviscerate any meaningful First Amendment protection against compelled commercial speech and, threaten core First Amendment values. Such protection against speech compulsions will not inhibit government efforts to protect consumers nor prevent consumers from obtaining desired information about products and services. A dynamic ...

This article examines the right to commercial speech that has been read into the right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India. Restrictions on this right are only permitted if they come within the ambit of the exhaustive list of reasonable restrictions under Article 19(2), under which public health is notably absent. Nevertheless, through the doctrine of harmonious construction, the Indian judiciary have adopted a purposive interpretation to circumvent the omission of public health by carving up freedom of commercial speech into two parts: protected speech which furthers public interest and unprotected speech which is purely commercial. Moreover, the Indian courts have construed these provisions in light of the right to life under Article 21 and the health-related Directive Principles of State Policy under Part IV of the Constitution. This article concludes that judicial creativity in India has consistently been used in favor of prote...

After decades of calls for comprehensive consumer privacy laws in the United States, they are nearly here. The debates surrounding these laws, however, have paid scant attention to the inevitable First Amendment challenges. These challenges will occur in the context of the "deregulatory First Amendment," the Supreme Court's decadeslong expansion of First Amendment limits on economic regulations. Scholars have compared this deregulatory agenda to the judicial excesses of the Lochner era. The First Amendment, however, has even greater deregulatory potential today because contemporary economic and social activity depend upon exchanges of information. Accordingly, First Amendment challenges to consumer privacy laws will bring us to a crossroads. One path forward would continue the Court's deregulatory trajectory, drawing largely on the Court's recent decisions in Sorrell v. IMS Health, Inc. and Reed v. Town of Gilbert. That path would further constrain the administ...

Cigarette smoke contains at least 93 chemicals or "constituents" that the Food and Drug Administration (FDA) has identified as harmful or potentially harmful to human health. Our study sought to identify which constituent disclosure message elements are most effective in discouraging people from smoking. Three hundred eighty-eight current smokers ages 18 and older completed an online survey in February 2015. We randomized participants to respond to one of two sets of 13 toxic products that contain cigarette constituents and 25 health effects associated with cigarette constituents. Products that elicited the most discouragement were those with lower chances of exposure (e.g., explosives), followed by products with possible exposure (e.g., rat poison) and products with a high likelihood of exposure (e.g., floor cleaner). Awareness of toxic products that constituents are found in (p<0.001) and low exposure products (p<0.001) were associated with higher discouragement. H...

She is beyond thankful to her partner and soon to be husband, Ben Jervey, for his never wavering support, guidance, and patience. 2. Why We Need a Food Revolution, JAMIE OLIVER's FOOD REVOLUTION, http://www.jaiieoliver.com/us/foundation/jamies-food-revolution/why (last visited Nov. 13, 2011) (The term "food revolution" can be attributed, in part, to Jamie Oliver, the activist chef attempting to improve the health of our youth.). 3. See e.g., Good, Clean, Fair, SLOW FOOD USA, http://xxwww.slowfoodusa.org/index.php/slow food/good clean fair/ (last visited Nov. 13, 2011) ("Slow Food USA advocates for food and farming policy that is good for the public, good for fanmers and Workers, and good for the planet."); Mary Burros, Obanas to Plant V egetable Garden at White House, N.Y. Times, March 102 2]MILKING IT increased information about the life cycles of the food they consume. The reasons for this re-evolution are many: rational fears about future and yet unknown effects of biotechnology coexist with concerns over animal health, safety, and welfare, creating a justifiable concern that policy decisions about our food supply will soon result in serious, perhaps irreversible, harm to the natural and human environent. These issues are increasingly brought to bear in the public eye as advocacy groups, food producers, doctors, and others challenge both the use of biotechnology in food production, and the Food and Drug Administration (FDA)'s unwillingness to require any special labeling thereof. 4 In the realm of milk and dairy products, the fight over the use of the artificial growth honnone, recombinant Bovine Somatotropin ("rBST") has raged publicly since the early 1990s when the FDA approved Monsanto's controversial application for Posilac'C, their version of rBST, finding there was no significant compositional difference between milk from cows treated with the drug and those that were not. 5 Since that time, the courts have considered numerous challenges to both the approval of rBST, and the labeling of products from cows treated with it. In September 2010, the Sixth Circuit Court of Appeals upheld the constitutionality under the First Amendment of a dairy producer's right to include a label stating the milk was "rBST free," finding the language was not misleading due to evidence proving the real, compositional difference between milk from cows

She is beyond thankful to her partner and soon to be husband, Ben Jervey, for his never wavering support, guidance, and patience. 2. Why We Need a Food Revolution, JAMIE OLIVER's FOOD REVOLUTION, http://www.jaiieoliver.com/us/foundation/jamies-food-revolution/why (last visited Nov. 13, 2011) (The term "food revolution" can be attributed, in part, to Jamie Oliver, the activist chef attempting to improve the health of our youth.). 3. See e.g., Good, Clean, Fair, SLOW FOOD USA, http://xxwww.slowfoodusa.org/index.php/slow food/good clean fair/ (last visited Nov. 13, 2011) ("Slow Food USA advocates for food and farming policy that is good for the public, good for fanmers and Workers, and good for the planet."); Mary Burros, Obanas to Plant V egetable Garden at White House, N.Y. Times, March 102 2]MILKING IT increased information about the life cycles of the food they consume. The reasons for this re-evolution are many: rational fears about future and yet unknown effects of biotechnology coexist with concerns over animal health, safety, and welfare, creating a justifiable concern that policy decisions about our food supply will soon result in serious, perhaps irreversible, harm to the natural and human environent. These issues are increasingly brought to bear in the public eye as advocacy groups, food producers, doctors, and others challenge both the use of biotechnology in food production, and the Food and Drug Administration (FDA)'s unwillingness to require any special labeling thereof. 4 In the realm of milk and dairy products, the fight over the use of the artificial growth honnone, recombinant Bovine Somatotropin ("rBST") has raged publicly since the early 1990s when the FDA approved Monsanto's controversial application for Posilac'C, their version of rBST, finding there was no significant compositional difference between milk from cows treated with the drug and those that were not. 5 Since that time, the courts have considered numerous challenges to both the approval of rBST, and the labeling of products from cows treated with it. In September 2010, the Sixth Circuit Court of Appeals upheld the constitutionality under the First Amendment of a dairy producer's right to include a label stating the milk was "rBST free," finding the language was not misleading due to evidence proving the real, compositional difference between milk from cows

law clerks to Cedar Rapids, Iowa, the law clerk's hometown, to speak at a chamber of commerce dinner.' To his great surprise, he was met by dozens of anti-abortion picketers. The Supreme Court had issued Roe v. Wade two days earlier.' "Picketed!-police protection," Blackmun noted on the list he made of significant events in each Supreme Court term, a chronology he maintained for his twenty-four years and for several years into retirement. From our perspective, knowing the impact Roe was to have on American political culture, Blackmun's surprise may seem naive. But from his perspective, of course, it made little sense that he should come to personify an opinion that, while it bore his name, spoke for a seven-totwo Court. He had received an assignment, and he had discharged it to the best of his ability. He was no crusader for abortion rights and, in fact, found the idea of abortion personally distasteful. But as counsel to the Mayo Clinic, he had spent formative professional years in the company of doctors, whom he respected greatly. Prominent Mayo graduates and staff members were among the growing numbers in the medical profession who were advocating the reform of existing abortion laws. Blackmun was persuaded that if a physician decided that terminating a I. The episode is recounted in JAMES RISEN & JUDY L. THOMAS, WRATH OF ANGELS: THE AMERICAN ABORTION WAR 5 (Basic Books 1998). 2. Roe v. Wade, 410 U.S. 11 3 (973). 3. Harry Blackmun, notes (Harry A. Blackmun Collection, Library of Congress Manuscript Division [hereinafter HAB Collection], Container 1548, folder 4).

and a very good personal friend. He is a progressive corporate law scholar, and he has a new book coming out called The Failure of Corporate Law. Fundamental Flaws and Progressive Possibilities. 1 Kent will be moderating this session, and this will be a lively discussion between Professor Dan Greenwood of Utah at the University of Utah College of Law, who focuses also in the area of corporate law, and Erik Jaffe, who focuses his practice on First Amendment law. Kent Greenfield: Thank you, Dana. Erik Jaffe and Dan Greenwood will each talk for about ten minutes, and then the three of us will converse for a few minutes before taking questions from the audience. Daniel Greenwood: Thank you. Despite Professor Winkler's careful advice to us, the corporate personality isn't the core of the issue here. I'm going to make an argument that corporations are the wrong sort of thing to have speech rights; that is, I'm going to ignore the law, which, as Professor Winkler quite correctly points out, focuses on the rights of listeners rather than the rights of speakers, and instead argue that the speaker makes a difference. I'm happy to talk directly about listeners afterwards, but I'm not going to do it here. This is an issue that could be understood as part of the problem of the First Amendment and the constitutionalization of economics. 2

This article discusses Reed v. Town of Gilbert, in which the Court resolved a Circuit split over what constitutes content based sign regulations. We note that Justice Thomas\u27s majority opinion applies a mechanical need to read approach to this question, and then explore the doctrinal and practical concerns raised by this approach. Doctrinally, we explore the tensions between Thomas\u27s need to read approach and the Court\u27s current approach of treating some regulation of speech as content-neutral despite the fact that a message must be read to determine its regulatory treatment. A prime example being the Court\u27s secondary effects doctrine. Practically, we note that Thomas\u27s opinion leaves several questions unanswered and and the uncertainty is further compounded by the inconsistencies between Thomas and Justice Alito\u27s concurrence. In light of these uncertainties, we advise local governments to consider how much legal risk they are willing to take in seeking to retain...

Background: Mothers, the main influencers of their children’s development, are thought to be one cause ofhigh anxiety in children. Basic Health Research or Riskesdas 2018 stated that 93 percent of early childhood,in the age range of 5-6 years, have cavities. Mother’s dental anxiety may effects their childrens oral healthand hygiene and worsened by lower oral health literacy.Aims: To analyze the relationship of dental health literacy level to maternal dental anxiety in the photographicdescription.Method and Material: This is a observational analytic research method using a cross-sectional approach,consist by 100 participant mothers of children who visited dental clinic with research criteria, living in thecity of Surabaya. Instruments used are MDAS & HELD-IM questionnaire and confirmed by photographicdescription on mother anxietal face.Results: There is a significant relationship between the variable level of oral health literacy with the variablematernal dental anxiety with a signif...

Cigarette use remains the leading cause of avoidable death in the United States. The inability of many smokers to quit is a significant public health problem. The demand for a product that can help smokers kick the habit is an entrepreneurial opportunity. Yet government regulation threatens to hamper welfare-enhancing innovation and discourage the use of life-saving technologies, such as electronic cigarettes. In particular, the Food & Drug Administration (FDA) decision to “deem” electronic cigarettes as “tobacco products” to be regulated as tobacco cigarettes threatens to cartelize and ossify a dynamic, harm-reducing industry. FDA restrictions on truthful health information and comparative risk claims further inhibit potentially life-saving innovation by threatening to keep smokers and other consumers in the dark about the harm-reducing potential of e-cigarettes and reducing the economic incentives to develop safer forms of nicotine delivery. However well-intentioned, the FDA’s reg...

The case involved Jehovah's Witnesses who objected to a flag saluting and pledge of allegiance ritual in which public schoolchildren had to participate each school morning. The Court did not limit its holding to the free exercise clause, making it clear that a first amendment freedom of belief extended to nonreligious matters. Id. at 634.

INTRODUCTIONTrademark law exists to promote the commercial marketplace by regulating a certain type of speech. To that end, the Trademark Act of 1946 ("Lanham Act")1 employs several content-based criteria that bar trademark eligibility.2 Such criteria include inquiries into whether a mark is descriptive, generic, deceptive, or a government symbol; whether a mark resembles a living person or an existing mark; whether a mark is functional; and whether a mark is immoral, scandalous, or disparaging.3 Recently, the criteria that bar trademark protection for immoral, scandalous, and disparaging marks-which I refer to as the "morality bars"-has come under constitutional attack. In In re Tam,4 a majority of an en banc U.S. Court of Appeals for the Federal circuit held that the morality bars violate the First Amendment.5 Yet in the face of the other content-based bars in trademark law, coupled with the lengthy history of the morality bars, the majority's holding is pu...

Recently in Matal v. Tam, the Supreme Court held that the disparagement clause of the Lanham Act was unconstitutional. The disparagement clause prevented registration of disparaging trademarks — i.e., marks that were offensively disparaging toward individuals — such that the clause could have induced mark owners to refrain from speaking offensive views. The potential for self-censorship led the Court to recognize a First Amendment violation. Importantly, the Justices unanimously agreed that the clause was viewpoint discriminatory. Viewpoint discrimination was damning. This central point of Tam calls into question another clause in the Lanham Act — the scandalous clause — which prevents registration of marks that are offensive to the public’s sense of decency and propriety. Simply put, does Tam suggest the unconstitutionality of the scandalous clause? The Federal Circuit recently answered this question in In re Brunetti, holding that in view of Tam, the scandalous clause violated the...

Welcome. It's been thirty years, give or take. It's been a long time, but it's nice to be back. Before we begin today's program, just a couple of things. First of all, I would like to thank a person who had a very big hand in putting this all together with me, and that is my friend and colleague, Jim Weinstein.

Welcome. It's been thirty years, give or take. It's been a long time, but it's nice to be back. Before we begin today's program, just a couple of things. First of all, I would like to thank a person who had a very big hand in putting this all together with me, and that is my friend and colleague, Jim Weinstein.

Sex is not just a commodity for pimps, prostitutes, and pornographers. It is an asset deployed daily, though perhaps less visibly, by women in more "mainstream" professions. Lawyers are no exception. In popular film and television, female attorneys sport short skirts and low-cut blouses, and flirt outrageously with a judge or jury in order to promote a client's interest. For better or worse, hyper-sexualized Hollywood fantasies reflect the reality that sex sells and can be negotiated in the service offemale attorneys, whose very presence in the courtroom collides with still-prevailing normative constructs about the proper role of women. The lawyer's responsibility to "zealously represent" her client creates even more pressure to invoke sexualized stereotypes some feminists consider demeaning to women in order to fulfill professional obligations. If we understand and accept the power of sex appeal to sell cars, cologne, and commercial airline tickets, we c...

In the U.S., e-cigarette companies can apply for permission to use reduced or modified risk messages (MRMs) in their marketing materials. Because e-cigarette marketing materials should have a nicotine addictiveness warning, MRMs and a nicotine warning could appear together—resulting in a conflicting message. When reading a conflicting message, individuals assimilate evidence supporting their pre-existing beliefs and eventually develop stronger beliefs, diverging more from those with different pre-existing beliefs (i.e., polarization). This study examined if exposure to e-cigarette MRMs with a nicotine warning polarizes smokers’ initially opposing beliefs about the efficacy of switching completely to e-cigarettes in reducing smoking-related risks, and if this polarization depends on individuals’ need for closure. An online experiment randomized 761 U.S. adult smokers to either three MRMs with a nicotine warning or three control messages. People reported their perceived efficacy of sw...

This Article examines the Supreme Court's decision in Hurley v. Irish-American and compares it to the decision in Stropnicky v. Nathanson. It then considers whether there are sufficient distinctions between the two cases so as to defeat the First Amendment argument that was successful in Hurley. It concludes that the differences between the two cases are not sufficiently significant from the point of view of the First Amendment and that the application of the state public accommodation statute to a lawyer's ideologically motivated decision not to represent a client violates the First Amendment.

Ronald Collins: It's a delight to be back here in the Pacific Northwest where I once had the honor to teach. Thank you, Kellye Testy and Dana Gold, for including me in this splendid conference. And, of course, a bow to my colleague of many years, Professor David Skover. Today's discussion will be about a rather famous case-actually, a non-case, Nike v. Kasky. 1 Is there anybody in the room who didn't file an amicus brief in Nike? There were so many people who filed on this or that side in the case. All three of our panelists today filed amicus briefs. I think Martin Redish filed one as well. And Erik Jaffe, I think you also filed an amicus brief in Nike. Question: When you think about a case like Nike, where is the conservative/liberal divide? Laurence Tribe, he's liberal. So why is he representing Nike in the United States Supreme Court? And Erwin Chemerinsky, the great defender of the First Amendment, why did he oppose Nike's First Amendment rights? Where does the conservative/liberal divide fall here? I point this out not by any means to be righteous, but to show you how difficult it is, conceptually, if you think about it, to say, well, who's conservative and who's liberal and who's good and who's bad? So again, where does the divide fall? Let me say a few words about the Nike case 2 so we see it in context, and then we'll turn to our panelists. Starting in 1996, CBS, a corporate entity, the New York Times, a corporate entity, and the Los Angeles Times, another corporate entity, wrote or published or aired a series of stories about the plight of workers in Nike's overseas factories.

The article examines the role of advertising in rise of social justice movements with an accent on feminism from past century till today. Starting from portraying women in stereotyping housewife roles to empowerment of #MeeToo movement, advertising has not only shifted the roles from reactive to proactive in this context, but also opens new vehicles and opportunities for further research, and accomplishments in social justice actions. The rise of femvertising is the current pick of this progress, rising much attention my industry and academy.

This essay responds to the holding in National Institute of Family and Life Advocates (NIFLA) v. Becerra (2018), arguing that the signal contribution of the majority opinion is its attempt to move com- mercial speech further into the absolute realm of protected public discourse. In finding the California FACT Act to be unconstitutional, the 5–4 majority uses a fractured commercial speech standard to define NIFLA’s marketplace communications as protected ideologi- cal speech. In so doing, Justice Thomas, author of the majority opinion, considers only the state’s speech – its compelled disclo- sures – and does not assess the rhetorical properties of NIFLA’s commercial communications. But the majority concludes neverthe- less that NIFLA’s speech is impervious to publicly interested legisla- tion, despite well-documented evidence of misleading and harmful advertising. Ultimately, it is argued that the question of whether NIFLA’s right to free speech has been violated cannot be squarely addressed if the speech with which the state’s disclosures dialogue remains nebulous. NIFLA seems to undermine the longstanding conception of commercial speech as a form that legitimates both the interests of speakers and the informational interests of publics, with the latter sustained when necessary by governmental initia- tives that enable informed choice-making by regulating deceptive information in commercial marketplaces.

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This  Article argues  that    the current government  speech doctrine actions  is  antithetical  to  fundamental  free  speech  jurisprudence  and  needs to  be narrowed. First, this Article outlines the decision in Walker v. SCV.  Next,  the  Article  examines  the  short  history  of  the  government  speech  doctrine.  Finally,  the  Article  argues  why  the  government  speech  doctrine threatens the marketplace of ideas and then offers a more detailed and nuanced legal test.

According to manufacturers and some members of the public health and tobacco control communities, exclusively using e-cigarettes is much less harmful and risky to users and exposed nonusers than tobacco smoking. But federal law prohibits manufacturers and importers from labeling or marketing their e-cigarettes as delivering fewer toxins or being less harmful than cigarettes or other smoked tobacco products unless they first obtain permissive orders from FDA. Being allowed to make such reduced-exposure or reduced-risk claims would help a manufacturer attract smokers to use its e-cigarettes instead, giving them a powerful new competitive advantage. But no e-cigarette company has yet applied to FDA to obtain the new product and modified risk tobacco product (MRTP) orders they need to be allowed to market their e-cigarettes as less toxic or less harmful to use. Apparently, the process for obtaining the necessary permissive orders from FDA is too complicated, costly, and uncertain even to be worth trying. This paper suggests a way that e-cigarette companies might secure new product and MRTP orders more quickly and easily-or at least establish a test case that could prompt the courts to ensure that the order process provides a reasonable way for e-cigarettes to enter or stay on the U.S. market and be advertised with reduced-risk claims, consistently with FDA's statutory duty to protect the public health.

Before a critical analysis of Dove's Campaign for Real Beauty is initiated, the links between various abstracted components associated with body image dissatisfaction and media need to be defined. The relationship between Media, both as the institutive mass media as well as the individual practices carried out on social media platforms, and the physical self can be formulated through a range of theoretical frameworks. The points where the assumptions and conclusions of these frameworks converge and the points where they deviate is what is central to the study of Media's influence and active involvement in constructing and perpetuating 'body image' issues.

There has always been a tight relationship between women and advertising. Women have been the protagonists of advertising for a long time already. Traditionally seen as just responsible of the purchases for the family, they have been increasingly used, through decades now, as an aesthetic object expected to promote all kind of products. In the beginning they were the housewives, "angels-of-the-hearth", reassuring images. Nowadays, a depiction of women in fragments prevails in advertising, in which often their heads and, by translation, their minds are secondary. The parts of their body that are portrayed – lips, legs, hands, buttocks and breasts – seduce the audience, associated with the most various and unrelated products. That gender representation in advertising is not neutral, and that this has a deep impact on society, is proved by the attention that high-ranking researchers have devoted to the ethical questions directly emerging from these matters. Erving Goffman in 1976 expressed his opinion about the contribution that the role models proposed by the media and by advertising gave to the meaning of "gender identity", since they strongly pervaded society, due to their public diffusion. We can easily state that there has been always a wall between men and women, in many contexts of society, even in commercials. But how would be possible to set the limits and the criteria that the advertising language must follow? For any legal system, an especially difficult problem consists in putting limits to the freedom of speech and, at the same time, guaranteeing the protection of a symmetric right, i.e. the respect for the integrity of a person's image. Another question of crucial importance, in a socio-legal perspective, is how rules change through time and the interplay between social and legal change. This theme implies other questions: who are the main actors of change, which are their aims, both explicit and implicit, how these aims are taken into account by either statutory law or judicial precedents, and, finally, which was the impact of legal change upon the goals pursued and upon the actors who urged this change. In the advertising industry, it is possible to find an example of the "third way" proposed by Richard Abel in his Speech and Respect, in order to solve the conflicts caused by a speech, i.e. a (semi)-informal process, as a bridge between two opposite sides, through which it is possible to regulate the speech itself, besides solving a conflict. This way, that ideal of "squaring the circle", that may seems to be unreachable while attempting to set limits – especially legal – in all those forms of expression that appear to be "continuous lines with a curvilinear and undulating trend", might become closer, at least in the field of commercial communication.

In 2012, a federal court of appeals struck down an FDA rule requiring graphic health warnings on cigarettes as violating First Amendment commercial speech protections. Tobacco product inserts and onserts can more readily avoid First Amendment constraints while delivering more extensive information to tobacco users, and can work effectively to support and encourage smoking cessation. This paper examines FDA's authority to require effective inserts and onserts and shows how FDA could design and support them to avoid First Amendment problems. Through this process, the paper offers helpful insights regarding how key Tobacco Control Act provisions can and should be interpreted and applied to follow and promote the statute's purposes and objectives. The paper's rigorous analysis of existing First Amendment case law relating to compelled commercial speech also provides useful guidance for any government efforts either to compel product disclosures or to require government messaging in or on commercial products or their advertising, whether done for remedial, purely informational, or behavior modification purposes.

The trending Bodyform hashtag #livefearless. birthed during a slew of feminist empowering adverts has sent waves through the beauty industry and consumers for its use of what appears to be blood in a sanitary pad advert. Bodyform's advert features several women playing sports and generally being physically active yet ignoring the fact that they are bleeding. Consequently, the ad has spurred debate concerning use of feminism in advertising to promote products (in this case sanitary towels) and bring consciousness to the fact that such depictions may be watering down the effect of empowerment that they seek to elicit. This problem becomes inherently clear when Bodyform's bold #livefearless ad is contrasted to similar movements – specifically Dove's Campaign for Real Beauty (CFRB) whose main aim was to celebrate natural differences in women's body types and inspire confidence with how they look. The stark contrast between these two movements show that they differ in their portrayal of beauty, focus on issues, and commitment level, all of which play a role in the success of acceptance by society. The assertion for this comparison is that Bodyform's #livefearless was more successful in empowering women (by changing the censorship of issues concerning women's periods to a view that should be understood and discussed) because of their portrayal of the physical and social aspect of beauty, focus on pre-existing issues and overall credibility.

Discussion of the Nike v. Kasky case and the way in which Nike's response to the false advertising claim with respect to its PR campaign about its labor practices amounted to an attempt to get First Amendment protection against fraud and false advertising claims.

The representation of women in advertising represents a significant obstacle to woman's full equality. Some advertisers are trying to exploit women's interest in equality and an increased demand for corporate social responsibility by positioning themselves as "pro-woman" or "pro-equality." But these attempts should be seen for what they are, fundamentally dishonest and misleading because the companies that participate in these campaigns actually are driven by profit incentives and will shift to other themes if they seem to generate more revenue.

This research work questions several main themes of the American society and way of life; the importance of beauty in social integration, and the impact of marketing in this pursuit, but more generally the role and place of African American women in the USA today, from a mainstream culture made with and partly by marketing and the media, to a multicultural way of life involving minorities and ambivalent in terms of a high social pressure to conform to beauty (among other) standards, but on the other hand stronger claims of self assumption and demands of difference acceptance.
African American women suffer from an undervalued image, and endure more adverse conditions; they have to face the double jeopardy of being women in a male dominated society and black in a predominantly white one. They do not correspond to all western mainstream beauty standards imposed by marketing and media in a world running on appearances and stereotypes. This creates frustrations and needs, and black women are compelled to spend a lot on beauty and hair care products to attain general acceptance as well as a good self-esteem. The other way around, we also can consider that marketing and media may play a positive role, by offering the information and products needed to attain their objectives of social integration and maintaining their identity.

Journalism is one of the main pillars of a democratic set up. Commonly referred to as the "Fourth Estate", Journalism brings awareness in the society about the democratic and social obligations. Journalists are watchdogs of the society. However, the media is not absolutely free to do whatever seems right to it. Law which regulates the conduct of the State, its institutions and citizens also regulates the media. Like any other profession, journalism is also bound by legal framework. Indian Constitution is the fountain head of laws regulating media in the country.

The study of media images is crucial in today's world. Currently, we are bombarded by media of all kinds. Both children and adults spend a lot of time exposed, both voluntarily and involuntarily, to media messages that represent the sexes and most minorities in stereotyped ways.