"Commercial speech" being protected by free speech laws anywhere is abhorrent. The advertising industry, in and of itself, seems abhorrent to me. It's one of the worst things humans have come up with, ever.
"Commercial speech" being protected by free speech laws anywhere is abhorrent. The advertising industry, in and of itself, seems abhorrent to me. It's one of the worst things humans have come up with, ever.
Could one not categorize material published in a book, magazine, or on television as 'commercial speech', liable to restrictive licensing and censorship? This seems like a slippery slope which the USA is on the correct side of.
Commercial speech is not the same as advertising.
The product is the same as the speech, whereas in advertising the speech is in sycophantic service of another product.
I agree that commercial speech is not the same as advertising, but the comment I replied to was talking about restricting commercial speech, not advertising.
You make your feelings clear, but don't give any arguments for it.
That won't convince anyone.
I'm kind of curious how people think a new business should make its existence known to prospective customers.
It's 2026.
We can have word of mouth, genuine, in forums and social media. We can have
We can have reviews, genuine, in websites.
We can have websites which present new products and business, not as paid sponsorships.
We can search on our own initiative and go to their website.
We can have online catalogs.
And tons of other ways.
And not a single one of these is tenable, even when combined. How do the people that post reviews, or spread something over word-of-mouth, discover the thing in the first place? Try your hand at starting a business and trying to sell goods or services using these methods and see how well it works.
>How do the people that post reviews, or spread something over word-of-mouth, discover the thing in the first place?
The follow industry conventions, visit registries of industry websites, have professional lists where companies submit their announcements (and not to the general public) and so on.
>Try your hand at starting a business and trying to sell goods or services using these methods and see how well it works.
If advertising is banned, it will work just as good as for any competitor.
Tenable for what, global business? Many local businesses do fine without advertising and/or using these methods.
Making global business harder and forcing things more local actually sounds like a great benefit.
I'm all for that as well.
We could use less 1T companies and more a few billion or 100s of millions level companies too.
They don't think of that. At all.
Many don't think businesses should exist in the first place.
Searchable catalogues of products with prices and features listed.
That assumes the customer is aware that the product exists.
how did business do before the internet?! assuming people bought things before we had the internet?
It only assumes they are aware that the category of products exists, and ordinary word-of-mouth communication is sufficient to propagate that knowledge.
How does word-of-mouth communication propagate knowledge that is currently in the possession of zero existing customers? Or operate for products that people have little reason to discuss with other people?
Suppose you sell insulation and replacing the insulation in an existing house could save $2 in heating and cooling for each $1 the insulation costs. Most people know that insulation exists, but what causes them to realize that they should be in the market for it when they "already have it"?
People don't need to discuss specific products, they only need to be aware of the existence of product categories. If it's genuinely the case that whole product categories are unknown to many people who could realistically benefit from them, as determined by a disinterested third party, an exception could be made for advertising that does not mention specific products or brands.
The insulation example can be solved by publication of data on average heating costs. When people learn that their neighbors are paying less they will be naturally incentivized to investigate why. Equivalent problems can be solved with the same general technique.
> If it's genuinely the case that whole product categories are unknown to many people who could realistically benefit from them, as determined by a disinterested third party, an exception could be made for advertising that does not mention specific products or brands.
Now all of the "brought to you by America's <industry group>" ads are back in. So is every pharma ad and every other patented product because they don't have to tell you a brand when there is only one producer.
> The insulation example can be solved by publication of data on average heating costs.
Publication where? In the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying "Beware of the Leopard"? Also, who decides to publish it, decides what it will say or pays the costs of writing and distributing it?
An industry group is not a disinterested party. Minimum competition requirements can be imposed. As I said elsewhere in the thread, a solution being imperfect is not a good reason to leave the problem unaddressed.
>Suppose you sell insulation and replacing the insulation in an existing house could save $2 in heating and cooling for each $1 the insulation costs. Most people know that insulation exists, but what causes them to realize that they should be in the market for it when they "already have it"?
The same legit things that can cause them to realize it today. Word of mouth, a product review, a personal search that landed them on a new company website, a curated catalog (as long as those things are not selling their placements).
An ad is the worse thing to find such things out - the huge majority ranges from misleading to criminally misleading to bullshit.