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Advertising and Commercial Speech: A First Amendment Guide (Second Edition)

Author(s): Bruce E. H. Johnson, Steven G. Brody
Practice Area: Commercial speech, Communications and telecommunications, Constitutional law, Digital and mass media, First Amendment, Free speech, Online and traditional advertising
Published: Aug 2004
Supplement Date: May 2021 i Other versions can be found in the Related Items tab.
ISBN: 9781402404511
PLI Item #: 4906

Written by First Amendment experts, Advertising and Commercial Speech: A First Amendment Guide examines the origin, meaning, and legal evolution of the Supreme Court’s commercial speech doctrine, focusing on how this central doctrine’s rights and restrictions affect advertising in nearly fifty industries and professions — including advertising for alcohol, financial institutions, prescription drugs, real estate, schools, and tobacco, and for the services of accountants, doctors and dentists, lawyers, pharmacists, and more.

Advertising and Commercial Speech discusses:

  • How commercial speech is defined and when it can be regulated and even prohibited
  • What the appropriate legal standard is for defamation lawsuits based on advertising
  • How much legal “breathing room” advertisers have for false commercial speech
  • What ”disparagement” is and how it can be proved in court
  • When the media is prohibited from refusing advertisements
  • When broadcasters and publishers can be sued for negligently false statements
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Steven G. Brody is a partner in the law firm of Morgan, Lewis & Bockius LLP, based in its New York office. He has represented parties and amici curiae in many commercial speech cases, including numerous cases before the U.S. Supreme Court, federal circuit courts, and state supreme courts. Mr. Brody also counsels clients with respect to a broad range of advertising issues.

Mr. Brody frequently appears as a panelist to discuss First Amendment issues, including on panels at Practising Law Institute's annual communications law seminar in New York. He also has authored numerous articles on First Amendment issues. Among other publications, he is the co-author of "Advertising and Commercial Speech: A First Amendment Guide."

After graduating from Williams College, Mr. Brody obtained his J.D. from the University of Michigan Law School. Earlier in his career, he was a partner at Bingham Mccutchen, McKee Nelson, King & Spalding and Cadwalader Wickersham & Taft.

Bruce E. H. Johnson is a partner in the Seattle office of Davis Wright Tremaine LLP. A member of the Washington State and California Bars, Mr. Johnson’s litigation practice focuses on internet, media, and First Amendment defense, including protections for commercial speech. He currently serves on the Association of Professional Responsibility Lawyers’ Advertising Committee, which has proposed major reforms to state ethics rules governing attorney advertising and solicitations consistent with First Amendment requirements. Finally, Mr. Johnson has also published many articles and publications on First Amendment commercial speech issues, including the Practising Law Institute treatise Advertising and Commercial Speech: A First Amendment Guide (Second Edition), of which he is co-author, with Steven G. Brody. Mr. Johnson is a graduate of Harvard College, Yale Law School and the University of Cambridge.