Are There Any Current Issues in the News Involving Commercial Speech (2010) - Research Paper Example

Are there any current issues in the news involving commercial speech?  According to a Newsweek poll, 86% of Americans believe the government has snatched civil liberties. The Association of National Advertisers recently filed a case with the US Supreme Court is critical commercial speech cash that is associated with the issue of data mining. The spheres that are associated with advertising and copyrights is complicated and a fragile issue. Hence, the hot issue of data mining has been the focal point in 21st century.

According to many companies, data mining for marketing purposes is protected by first amendment rights. In addition, it also sets an essential precedent for the pharmaceutical market. The Association of National Advertisers, Dan Jaffe, recently stated the importance of this case as he stated, “This is one of the most important advertising cases to come before the Supreme Court in a decade. It raises fundamental issues about what constitutes commercial speech and whether the government can undermine constitutional protection by simply labeling information used for marketing purposes as nothing more than a commodity.

” In essence, this case is the epitome of all cases since it challenges a state law, which does not allow companies to use data mining strategies to promote their brand of their prescription drugs. Sorrell vs IMS Health diminished that precedent. The Second Circuit Court of Appeals struck down this law because it insists that it violates first amendment rights. The representatives for this case continue to penetrate other methods to exploit this issue. If the prosecution of Vermont can enforce the restriction of using the clause of “free speech,” it can gain better control over the whole issue.

The Supreme Court continues to investigate the issue of free speech from all channels and is telling Vermont that it does not have the right to abolish the freedom of speech. 2.Are there any current issues in the news involving copyright law?  Copyright is a form of protection provided by the laws of the United States for original works of authorship, including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations.

The Copyright Office is in charge of claims that claims are documented and copyrights. Amazon has been one of the most booming businesses that has taken the level of e-procurement into a whole new level. Amazon excels in not only providing products to its customers but it also offer numerous web services. The music industry has faced many trials and tribulation for the last decade. The advent of technology has enabled individuals to create and distribute recording in a more rapid pace. Prior to Apple’s resurgence, the music industry thrived through selling CD’s.

However, with the advent of mp3 format, the music industry struggled to gain market share as peer to peer networking swept the globe. Now, the challenge remains to attract customers through online music. In midst of this, ITunes by Apple has done a phenomenal job. Prior to ITunes, Napster dominated the market by capturing the music market. In addition to these innovations, the emergence of new 2010 trends can potentially impact the market in many ways. The ability of artists to market themselves through Twitter had become a worldwide phenomenon.

It is not surprising to see artists going direction to their fans for upcoming releases. Another threat that will continue to be the focal point for the music industry will be the threat of piracy that continues to be the threat for the music industry. Despite many attempts by the industry to reduce illegal downloads, the young generation continues to find ways to exploit music downloading. With the music industry, the evolvement of legal complexity continues to broaden the whole issue. The youth of the music industry has allowed the government to enact laws without really establishing the right parameters for copyrights and patents.

International ambiguities about copyrights that exists within countries undoubtedly makes the issue worse. Amazon continues to fight the copyright allegations. 3.Are there any current issues in the news involving obscenity prosecutions?  In recent news, a porn producer is fighting a rare obscenity case. The National Law Journal reports that during at an annual adult video News awards in Las Vegas in January 2008, a producer was condemned for producing absurd images. Stagliano, a director, who produced an erotic porn video, is frustrated at the fact that the government has penalized him even though the government was privately monitoring on the internet.

Stagliano and two of his colleagues were penalized in federal district court in Washing on seven accounts which consisted of many factors. These factors consisted of distributing obscenity, sexually explicit videos, and using of the minors in the videos. Although Stagliano is trying to stay out of the prison, he can potentially face 23 years of jail time if he is convicted. The US Justice Department continues to prosecute him with fierce competition. 4. Are there any current controversies in the news involving free press/fair trial issues?

After the September 11 attacks, the government targeted these Arabs by trying to connect them with terrorists (Gottfried 39) and such was a case with Nasser Ahmed, a middle Eastern man, who was held in jail for 3 ? years for having “links” with Sheik Omar Abdel-Rahman, a convicted terrorist. Yet, the judge found no solid evidence of his arrest. Similarly, a Muslim FBI man named Gamal Abdel-Hafiz, was also fired from the agency because “he had loyalties to terrorists.” These so–called Americans never got the right to have a fair trial because of ethnic profiling.

Works Cited Silverstein, Barry. " ANA Defends Commercial Speech."brandchannel.com | always branding. always on.. N.p., n.d. Web. 2 Dec. 2011. . "ADF Alliance Alert » Porn Producer Fighting Rare Obscenity Case." ADF Alliance Alert » news from the frontlines of the culture war. N.p., n.d. Web. 2 Dec. 2011. . Cornhels, Jim. “The Patriot Act Violates Civil Liberties”. Arlington, Virginia: Gale 2003. 1-8. Opposing Viewpoints Resource Center. Gale Group Databases. Wheaton North High School Library.

28 October 2007 http://www.find.galenet.com Amazon upgrades: Book access. (2006). EContent, 29(6), 12-12-13. Retrieved fromhttp://search.proquest.com/docview/213819132?accountid=10477