Abstract

http://ssrn.com/abstract=1962369
 


 



Beyond the First Amendment: Shaping the Contours of Commercial Speech in Video Games, Virtual Worlds and Social Media


Jon Garon


Shepard Broad Law Center

November 20, 2011


Abstract:     
In Brown v. Entertainment Merchants Association (2011), the Supreme Court stated unequivocally that video games are entitled to the same broad First Amendment protections as those afforded to other media. But just as laws and regulations distinguish newspaper, magazine and television content from the advertising sold in those media, new policies are required to distinguish the communicative content of video games, virtual worlds and social media from the advertising and commercial purpose activity conducted in those media. Particularly in the area of publicity rights, states and courts have struggled to delineate those contours.

This article outlines the emerging contours of commercial speech under recent First Amendment jurisprudence, highlighting the free speech rights of publishers, participants and players while shielding individuals from unfair commercial exploitation and protecting the public from misleading advertising.

Number of Pages in PDF File: 33

Keywords: First Amendment, Commercial Speech, Free Speech, Video Games, Virtual Worlds, FTC, Endorsement Guidelines, FCC, commercials, advertising, in game, video games, social media

JEL Classification: K2, K20, M1, M3, M37, Z1, Z10, L96, K13, K39

working papers series





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Date posted: November 21, 2011  

Suggested Citation

Garon, Jon, Beyond the First Amendment: Shaping the Contours of Commercial Speech in Video Games, Virtual Worlds and Social Media (November 20, 2011). Available at SSRN: http://ssrn.com/abstract=1962369 or http://dx.doi.org/10.2139/ssrn.1962369

Contact Information

Jon M. Garon (Contact Author)
Shepard Broad Law Center ( email )
3301 College Avenue
Ft. Lauderdale, FL 33314
United States
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