Enhanced FCC Regulation of Product Placement Would Breach Free Speech Rights

As the Supreme Court reiterated in its most recent ruling on commercial speech, “the speaker and audience, not the government, assess the value of the information presented.” Although the current regulatory scheme affords the FCC enforcement authority against certain forms of product placement, some interest groups have heightened the cry for more pervasive regulation, and the FCC is now considering its response. The FCC should not over-regulate for the sake of protecting consumers when the current regulatory scheme suffices to address potential deception, especially at the cost of impeding the First Amendment value of creative expression.

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