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Category Archives: Supreme Court

Hobby Lobby – Having your cake and eating it too
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July 1, 2014 by Tamara Piety

Before the Hobby Lobby decision came down I mused on a comment on Prawfs Blog that the case posed something …
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Category: Brandishing the First Amendment, Citizens United, corporate personhood, corporations, discrimination, First Amendment, Hobby Lobby, Supreme Court, Uncategorized | Tags: Citizens United, Hobby Lobby, Supreme Court
Commercial speech and the LSAC
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March 31, 2014 by Tamara Piety

I have been saying that the Supreme Court’s ‘free speech” jurisprudence in the Alvarez case (that was the so-called “Stolen …
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Category: Brandishing the First Amendment, commercial speech, First Amendment, regulation, Supreme Court, Uncategorized | Tags: commercial speech, First Amendment, IMS v. Sorrell, LSAC, LSAT, Nike, US v. Alvarez
Capitalism and inequality
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January 29, 2014 by Tamara Piety

There is this interesting piece in the New York Times, Capitalism v. Democracy, reporting on French economist, Thomas Piketty’s observation …
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Category: advertising, Books, Capitalism, commercial speech, commercialism, corporations, elections, regulation, Supreme Court, Uncategorized | Tags: Citizens United, Edsall, New York Times, Piketty
Will 2014 be the year for corporate free exercise?
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January 1, 2014 by Tamara Piety

As most probably know, the Supreme Court will hear the Hobby Lobby case. I previously blogged about this in July …
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Category: Brandishing the First Amendment, Citizens United, commercial speech, Corporate Social Responsibility, corporations, First Amendment, Religion and commerce, Supreme Court
George Zimmer and Men’s Wearhouse
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July 12, 2013 by Tamara Piety

The news announced last month that the ubiquitous spokesperson and founder of the men’s clothing company Men’s Wearhouse (“You’re gonna …
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Category: advertising, Capitalism, commercial speech, commercialism, corporate personhood, corporations, First Amendment, Religion and commerce, Supreme Court | Tags: Anita Roddick, Ben & Jerry's, Body Shop, corporate personality, corporations and religion, George Zimmer, Hobby Lobby, Los Angeles Times, Mens Wearhouse, public corporations, Unilever
Tim Wu – The Right To Avoid Regulation
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July 4, 2013 by Tamara Piety

Jeff Clements of Free Speech for People (a great organization; check out their website) forwarded this terrific article to me …
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Category: Brandishing the First Amendment, Citizens United, commercial speech, corporate personhood, corporations, First Amendment, regulation, Supreme Court, Uncategorized | Tags: Brandishing the First Amendment, Free Speech for People, Jeff Clements, The Master Switch, Tim Wu
Viacom, Nickelodeon and food advertising to kids
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July 1, 2013 by Tamara Piety

A while back there was this piece in the New York Times indicating that Nickelodeon would not be adopting a …
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Category: advertising, commercial speech, Junk Food, Marketing to children, Supreme Court, Uncategorized | Tags: Food Marketing to Children, IAWG, Nickelodeon, SPT, Viacom
Girls and ponies
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May 14, 2013 by Tamara Piety

As reported in previous posts, one of the problems in regulating advertising is separating advertising from content. The whole idea …
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Category: advertising, commercial speech, Gender and gender stereotyping in marketing, Integrated marketing communications, Marketing to children, regulation, Supreme Court, Uncategorized | Tags: gender, Hasbro, IMC, marketing, marketing to children, My Little Pony
The Scylla and Charybdis of Central Hudson
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May 2, 2013 by Tamara Piety

I have said elsewhere in an article in the Alabama Law Review (“A Necessary Cost of Freedom”?) that the Supreme …
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Category: commercial speech, Pharmaceutical marketing, regulation, Supreme Court | Tags: Central hudson, commercial speech, Daubert, difficulty of regulating, evidence, Sorrell v IMS Health
Free speech and the Rating Agencies
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April 30, 2013 by Tamara Piety

Now that the United States has sued Standard and Poor’s over the subprime mortgage fiasco, see The S&P Lawsuit, it …
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Category: Capitalism, commercial speech, corporations, regulation, Supreme Court, Uncategorized | Tags: New york Times v. Sullivan, rating agencies, S & P