Legal Question in Constitutional Law in Arizona

Advertising Regulations

Does freedom of speech give advertisers the right to expose children to private adult issues & products of an extremely sexual nature? Although, i am insulted as a woman to see viagra,enzyte,cialis commericals every two minutes on t.v. it infuritias me as a parent to have a 6,7,8, year old ask what male enhancement is, what ''certian part of the male body'' they are talking about getting bigger & why they say it makes women happy. The message this is sending to our children is unacceptable & dehuminizing. Not to mention distasteful & dangerous. Do we have any legal recourse or means to stop this kind of advertising in public venues?


Asked on 12/27/08, 6:26 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Advertising Regulations

Commercial speech is protected by the First Amendment, albeit to a lesser extent than most other speech.

Your only options that I can think of are (1) to urge the networks and your local stations not to broadcast these ads during hours when children are likely to be watching; and (2) to write the FCC and ask it to restrict when ads like these can air. Note that the FCC only has authority over broadcasters; stations that are available exclusively on cable (and satellite) are beyond the FCC's jurisdiction.

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Answered on 12/27/08, 8:12 pm


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