ABSTRACT
The Supreme Court once denied First Amendment protection to advertising, but that position has changed dramatically in the last half-century. Current commercial speech doctrine sees advertising as valuable in helping consumers make purchasing decisions. The Court established the Central Hudson test to determine whether government regulation of non-deceptive advertising is acceptable. The Federal Trade Commission establishes regulations that sometimes limit advertising expression. Advertising is illegally deceptive if it is likely to mislead a reasonable consumer. Factual claims about a product differ from protected opinion. Testimonials and celebrity endorsements must adhere to stricter standards than other ads.
