Date: March 27, 2017
To: Rice E. Roni, Supervising Attorney, CARDWARE Inc.
From: Paralegal Assistant, CARDWARE Inc.
Subject: Cardware Rights
The aim of this memo is to notify Cardware Inc. that their right to commercial speech was violated. The decision has been made after a thorough analysis of the First Amendment freedom of speech and the current state laws. There is no doubt that the local TV station WBLAH violated the rights of The Cardigans Company. The local station could not stop to air the commercial because they considered it to be inappropriate.
After conducting research on both the federal and state laws, it is clear that the local TV station was not justified in blocking The Cardigan’s 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 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 FCC shows that programs with adult content are not 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 be applied.
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 of 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.