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Speech and Commerce Converge MCQ

The Supreme Court has ruled that the interest of the Food and Drug Administration (FDA) in promoting a healthy lifestyle allows the FDA unfettered power to regulate food and alcohol ads.

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Correct Answer: False

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The Federal Trade Commission encourages companies to track children’s online behavior to enable advertisers to tailor advertising appropriately to a young audience.

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Correct Answer: False

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The commercial speech doctrine provides advertising with at least as much First Amendment protection as any other kind of speech.

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Correct Answer: False

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The application of the Central Hudson test, both before and after the Sorrell, has produced consistent court rulings.

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Correct Answer: False

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The Federal Trade Commission’s authority is exclusively corrective. It has no power to do anything to help prevent false and misleading advertising.

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Correct Answer: False

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In reviewing commercial speech cases, lower courts ______.

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Correct Answer: Apply the Central Hudson test with inconsistent results

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The Federal Trade Commission determines deception in advertising by examining whether an ad claim ______.

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Correct Answer: Is material to the product/service and relied upon by reasonable consumers

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When government uses regulation to alter the flow of information to the public and shift consumption patterns, the Supreme Court has said the government's goal is ______.

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Correct Answer: Likely to be unconstitutional

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When the Federal Trade Commission has an administrative court order to stop an advertiser from making a particular claim, it is called a ______.

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Correct Answer: Litigated order

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Disclosure and substantiation are ______.

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Correct Answer: Tools used by the Federal Trade Commission to correct potentially misleading advertising

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Native advertising is a form of advertising that ______.

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Correct Answer: Is difficult to distinguish from the editorial content of the platform on which the ad appears

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Which Supreme Court ruling established the test to be used to determine whether government regulation of advertising violated the First Amendment?

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Correct Answer: Central Hudson Gas & Electric Corp. v. Public Service Commission of New York

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The FTC views "word-of-mouth" advertising as ______.

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Correct Answer: Advertising via social media from influencers that is subject to the full range of FTC oversight

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The most accurate way to describe the trend in First Amendment protection for advertising over the past century is that protection has ______.

Answer

Correct Answer: Gone from none to some to more

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