brandishing the first amendment

Tamara Piety launches Oversold law blog

by Shaun Manning April 22, 2013

Tamara Piety, author of Brandishing the First Amendment: Commercial Expression in America, has launched a new blog devoted to issues of law, commerce, and the First Amendment–themes which should be familiar to readers of her book. Titled Oversold, Piety has focused especially on the deeper truths behind commercial expression in her early posts–notably, examining the popular and controversial Dove marketing campaign “Real Beauty Sketches” from several angles. Follow Oversold for continuing insight from Tamara Piety, and be sure to pick up Brandishing the First Amendment for an analysis of the court decisions and practices that continue to shape American media and public […]

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Tamara Piety Discusses Campaign Funding

by Phillip Witteveen October 10, 2012

Tamara Piety, author of Brandishing the First Amendment, appeared on a recent broadcast of the Oklahoma News Report (a contributing station of PBS), commenting on the Citizens United ruling on changes in campaign spending in the time leading up to the election. Piety spoke about commercial interests extending First Amendment rights, such as those afforded to a private citizen (the topic of her book), and the lack of transparency to both the general public and to stockholders of the company. The current state of election laws, she said, “allow for these non-profit organizations to actually serve as sort of laundering devices, through which corporations […]

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‘Brandishing the First Amendment’ author Tamara Piety talks commercial speech with Alternet

by Shaun Manning July 18, 2012

Tamara Piety, author of Brandishing the First Amendment: Commercial Expression in America, spoke with Alternet’s Steven Rosenfeld about the expansion of the Commercial Speech Doctrine post-Citizens United, exploring the consequences beyond the much-talked-about impact on electoral politics. Piety said that several recent court decisions, notably the 2003 Nike case and culminating with Citizens United, have made it “incredibly more difficult” to regulate commerce. “The whole Federal Trade Commission is premised on the ability to regulate a good deal of speech that is, at least, at present, of questionable constitutional foundation given the recent decisions,” she told Alternet. “What happened in Citizens […]

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Tamara Piety discusses ‘Brandishing the First Amendment’ on Fairness Radio

by Shaun Manning March 21, 2012

Tamara Piety, author of Brandishing the First Amendment: Commercial Expression in America, appeared on Fairness Radio recently to discuss her book and the hot-button issues it raises during this election season. Hosted by Patrick O’Heffernan and Chuck Morse and broadcast daily on Boston’s WDIS-AM 1170 as well as online, the program includes commentary from the left (O’Heffernan) and right (Morse) sides of the political spectrum and invites guests likely to spark a lively (but civil) discussion. During her segment, Piety explained the Commercial Speech Doctrine, which arose in the late 1970s as corporate defendants “employed the rhetoric of equal rights […]

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Tamara Piety Discusses Implications of First Amendment on Pharmaceutical “Speech”

by Shaun Manning November 23, 2011

Tamara Piety, author of the forthcoming University of Michigan Press title Brandishing the First Amendment: Commercial Expression in America, recently spoke with the Pharmalot blog on the implications of expanding First Amendment protections to corporate marketing speech, specifically as it relates to the pharmaceutical industry. At the heart of the discussion is a Supreme Court decision striking down a Vermont law that restricted data mining–in this case, records of which doctors prescribe which medicines–for marketing purposes. Piety explained that “the data mining and pharmaceutical companies argued that Vermont’s singling out of marketing for different treatment than say, research or law […]

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