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youngNedyesterday at 1:33 PM2 repliesview on HN

Conflating 'Advertising' with 'Speech' doesn't really work here i feel.

It is possible to restrict one without the other. The UK, can quite easily stop an advert from saying things like:

>> A paid-for Meta ad and a website listing for an online clothing company misleadingly claimed they were established and owned by armed forces veterans and that they donated a share of profits to PTSD support organisations.

And still allow The Guardian to run a campaign on shadowy organisations funding politics.

Conflating them is done, i feel by those who run companies... i dunno, like VPN's, for the purposes of viral marketing and generating outrage.


Replies

devilbunnyyesterday at 2:08 PM

> still allow

That's the thing: the idea that one must be allowed. No; you publish it, and the most the government can do is stop you from repeating it and punish you for having done so.

Note that I'm not defending the US system as perfect, or even necessarily good in all places and at all times. But it is a system that has benefits.

show 2 replies
wakawaka28yesterday at 2:23 PM

Advertising is clearly speech. But fraud and libel are widely recognized as exceptions to free speech, IF you can prove intent to defraud. If you squint, you could classify nearly anything as an advertisement, but not everything is classifiable as "true" or not in an objective, universal sense (or even a generally recognized sense). For example, an ad for a church may be an expression of free speech, but arguing that it is false advertisement is absurd.