Here’s a little brain-teaser for you. Not too long ago, the U.S. Federal Trade Commission issued regulations saying that bloggers who get into product promotion have to tell us if they got compensated for doing so. How does that ruling affect the free speech rights of the bloggers?
I’m going to do some research as part of the class I’m taking — Law of Advertising and Public Relations — and after I turn in the paper (and get a grade on it) I’ll return to this topic. I found a really interesting article in the American Business Law Journal that explores this topic, mostly from the perspective of the company and its own blogs, but the discussion on what constitutes commercial speech is rich indeed. And, it offers a lot of other articles and legal opinions that will help my research immensely.
But, in the meantime, what’s your view? Is a product review paid for by the company commercial speech, or individual speech not subject to the FTC’s rules?