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Advertising by Professionals

The focus of this paper is to analyze advertising by

professionals. The paper begins with a discussion of legal issues as expressed by the courts, including protection provided by the First and Fourteenth Amendments of the United States Constitution. A review of court decisions from 1976 through 1990 includes key holdings, a discussion of ethical considerations indicates the essential role of regulatory agencies as well as attitudes regarding advertising by professionals, and a contemporary analysis addresses future trends.

Professionals engage in many activities for the purpose of cultivating clientele. A broad range of activities could be classified as advertising, such as joining country clubs, running for political office, sending holiday greeting cards, throwing office parties, sponsoring the arts, and engaging in community service. For purposes of this paper, the word advertising refers to the use of newspapers, magazines, television, radio, flyers, letters, pamphlets, billboards, and the like, specifically directed to the purpose of gaining or retaining clients. The terminology adopted by the courts to define advertising by professionals is commercial speech.

Prior to 1970 little to no legal challenge had been asserted in terms of advertising by professionals. Ethical standards prohibited such practices and those standards were accepted by the professional community. However, by the late 1970s, attitudinal change occurred as a result of increased competition, proliferating technology, and other factors.

The United States Supreme Court, in the late 1970s, ruled restrictions on commercial speech unconstitutional in violation of the First Amendment and, in some situations, the Fourteenth Amendment as well. The First Amendment prohibits abridgment of speech,1 while the Fourteenth provides equal protection.2

The clauses essentially provide that all persons should be treated alike under the law when there ar...

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Advertising by Professionals. (1969, December 31). In LotsofEssays.com. Retrieved 12:17, March 28, 2024, from https://www.lotsofessays.com/viewpaper/1682969.html