Rights of cardware
In addition to Kasser, Ryan, Couchman, and Sheldon, T. (2004). Causes and effects of materialistic values. Psychology and commercial culture: Struggling to live well in a materialistic environment, 11–28.
The authors of the paper ""Materialistic values: Their sources and effects"" by Kasser and colleagues contend that the world's materialism is a result of evolving economic systems that ""demand the production and purchase of ever growing quantity of things."" (2007) Kasser et al. People are materialistic because they experience emotions associated with personal insecurity when they acquire new possessions. Customers who look up to their role models develop materialistic values. Media commercials persuade consumers to purchase a specific product blocking the cardigan commercial. Cardware Inc is protected by the first amendment of the freedom of speech. Therefore, it means that the TV station had no right not to air the commercial.
Cardware Inc has a right to have their commercial aired by WBLAH TV. It is not the work of the local TV station to deny the right to commercial speech. Cardware Inc could lose a lot of money due to the refusal of the local television station to air the commercial. However, the local TV station has the right of restraining the commercial in case the content violates the law. It will depend on whether the court identifies the content as indecent or not.
The constitution protects any commercial speech that put forward a transaction. Therefore, the phrase”so light you won’t notice you are wearing a thing” is a commercial speech that will lead to an increase in sales for the company. Based on the federal communication v Pacifica Foundation, it is evident that the case has no relevance to our current case. The case related to offensive speech which was aired on a radio station during the day (First Amendment and Censorship, n.d.).
A review of the case of the action for children’s television v.FCC shows that programs with adult content are not is seen by children. FCCs proposed a ban of the broadcasting of indecent program starting 6 am to 10 pm. We can use this case in our favor. Given that WBLAH TV station deems the content inappropriate, it should air the commercial during the time when children are not around (First Amendment and Censorship, n.d.).
Based on the first amendment freedom of speech, the public has the freedom to express themselves without any restrictions. According to Government regulation of commercial speech and the first amendment (n.d), unless the commercial speech regulation targets misleading advertising, or need disclosure of information that helps get rid of misleading advertising, the first Amendment should apply.
In as much as Cardware has a right to freedom of speech, this right has been restricted with regards to the audience age. Indecent commercial speech should not be aired when children will be exposed to it. It means that children have to be protected from any obscene content. However, the good news is that the commercial can still be aired.
In conclusion, cardware’s freedom commercial speech is protected under the first amendment. However, the company may be forced to show the commercial when children are not present depending on content. The content of the commercial will determine the decision to be made by the court. Cardware has the right for their commercial speech to be aired on television. Airing the commercial will lead to a transaction for the company.
References
First Amendment and Censorship. (n.d.). Retrieved March 27, 2017, from http://entertainmentlaw.uslegal.com/censorship/first-amendment-and-censorship/#sthash.AnrMIuEN.dpuf
Government regulation of commercial speech and the first amendment (n.d). Retrieved March 27, 2017, from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/commercial.htm
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