This memo is to inform you that after an analysis of the state law as well as the First Amendment Freedom of Speech law, the rights of the Cardigan’s were in fact infringed upon by the local television station WBLA when they declined to air the new CARDWARE commercial. The First Amendment’s Freedom of Speech law provides the public the right to express themselves freely without any restrictions. The courts also give substantial protection to commercial speech, which consists of communications—primarily advertising and marketing—made by business firms (Miller, 2013).
For these reasons, it is CARDEWARE’s right to have their commercial aired on WBLA. It is not the duty of WBLA to reject CARDWARE’s right to commercial speech. This new product line is an opportunity for CAREWARE to increase its profits. In contrast, WBLA has the right to decline to air CAREWARE’s commercial if it were found that the commercial was illegal and misleading to the public (Sheehan, 2013). In this case, CARWARE’s commercial is not illegal nor is it misleading.
The First Amendment shields all commercial speech. For example, CARWARE’s tagline is shielded by the First Amendment under the idea that CAREWARE has the right to have their commercial aired on the WBLA (Miller, 2013). Likewise, WBLA does not reserve the right to reject CAREWARE’s chance to have its commercial aired on their stations if the information presented in the commercial has not been declared illegal or misleading to the public.
Additionally, CAREWARE has the right to have their commercial aired because relative to the First Amendment’s Freedom of Speech law, commercial speech is protected by the First Amendment and should be aired by WBLA without discrimination so that CARDWARE’s new product line can be made known to the potential consumers in the market (Shiffrin, 2014).
The content in the CARDWARE commercial was true. Therefore, CARDWARE has the right to have their commercial aired on the WBLA network without prejudice. WBLA has no authority to decline CARDWARE’s request to air their commercial since the content has been declared truthful by the advertising agency (Friendly, 2013).
In conclusion, the amendment has given companies and media outlets the freedom to air commercials without judgement. CARDWARE has the right to have their commercial aired by WBLA based on the First Amendment’s Commercial Speech law which provides CARDWARE with the freedom to develop their commercial campaign without any limitations if the content is not illegal or misleading to the public who may be purchasing their products.