Free Speech Isn't Free: The 1st Amendment For Commercial and Nonprofit Marketers

The ability to communicate truthful, non-misleading messages to customers and donors is vital to any marketer, and the law guards reasonable consumers from false, deceptive, or unfair claims. Occasionally this can create tension between First Amendment protections of marketers' speech and legal protections against deceptive advertising. In this program, advertising and nonprofit attorney Eric Berman, partner at Venable LLP, will review the latest developments in First Amendment jurisprudence around marketing for commercial and nonprofit marketers. This course will provide an overview of the law and its evolution, discuss how the law impacts different types of speakers (such as commercial advertisers, internet and social media platforms, and charitable fundraisers), and address recent First Amendment challenges to Federal Trade Commission actions brought by for-profit and nonprofit marketers alike.

Learning Objectives:

1. Explain the general application of First Amendment protections to various types of marketing and advertising speech
2. Distinguish issues faced by for-profit advertisers and nonprofit fundraisers
3. Consider the most recent First Amendment challenges to government activity
4. Discuss the current and future regulatory environment and assess risk for marketers