For Communication Law and Policy at the University of Nebraska at Omaha. Spring 2018.

1. SOCIAL MEDIA AND
ADVERTISING
Claire Bromm

2. An Analysis of Modern Advertising Laws
■ Many companies have taken their advertisements to the Internet and social media
platforms
– Facebook
– Instagram
– Snapchat
■ Companies who self regulate

3. Brief History
■ 1970’s
– Justice Harry Blackmun and public interest
■ 1976
– Virginia State Board of Pharmacy v.VirginiaCitizensConsumerCouncil
■ 1980’s
– Central HudsonGas & ElectricCo. v. PublicServiceCommission of NewYork
■ 1990’s
– LorillardTobacco v. Reilly

4. Statute Law
■ Guided by
– the FederalTrade Commission Act
– the Central Hudson test
– the Native Advertising Guide (2015)
■ Certain rules that brands and influencers need to follow
■ Constraints on deception

5. Recent Case Law
■ Native Advertising Guide in 2015
– “sponsored content”
– “paid post”
– “paid content”
– “promoted by”
– “brand publisher”
■ FTC and Snapchat

6. Law Review Analysis
■ Questions that haven’t been addressed
– “is there a First Amendment right to share “fake news” or other deceptive political
content?”
– “does the president have legal right to blockTwitter users?”
■ Finding a law that will hold true with future technologies

7. Conclusion
Interpretation, Limitations and Future Research Questions
■ Courts are trying to stop companies from bending the truth to consumers,
without infringing FirstAmendment rights
■ Limitations include social media advertising being relatively new
■ Should a university withdrawal acceptances because of content posted online?
■ What happens to an influencer when they don’t make it clear their content is
sponsored?