The Cardigans are a very progressive with the way they do business, especially with keeping up with the latest laws and cases that pertain to individual rights and the impact that the laws have on business. They are planning to introduce a new line of clothing called "Scantily Clad" with the slogan, "So light You Won't Know You are Wearing a Thing!" The local television station WBLAH told Candie Cardigan that it would not air such a commercial due to content. Furthermore, that it was not appropriate for children to view it. The Cardigans believe that this is old law and believe that they are protected under the First Amendment's Freedom of Speech.
Your supervising attorney, and one of CARDWARE's Corporate Counsel, Rice E. Roni would like for you to analyze case law in your state as well as the First Amendment Freedom of Speech and determine if the Cardigans have a right to have their commercial aired or not. Be sure to discuss whether or not WBLAH is unreasonably abridging the Cardigans' rights guaranteed to the individuals under the First Amendment. Your response is to be in the form of a memorandum instructions which are provided below.
Rice E. Roni scribbled a few notes on a sheet of paper to help you with your research.
- Look at the case of Action for Children's Television v. FCC.
- Please review the 1978 decision of the Supreme Court in Federal Communications Commission v. Pacifica Foundation - See more at:
First Amendment and Censorship. (n.d.). Retrieved June 10, 2016, from http://entertainmentlaw.uslegal.com/censorship/first-amendment-and-censorship/#sthash.AnrMIuEN.dpufPlease determine if this is good law, or not and whether or not it applies to our situation.
- Be sure to analyze our situation from both a positive and a negative viewpoint so we will know what our strengths and weaknesses are when we insist that our commercial be given air time.
Assignment Instructions
You are the paralegal working for CARDWARE's corporate counsel and have been asked to draft a 2-3-page memorandum to Rice E. Roni, Corporate Counsel of CARDWARE Inc.and discuss the following:
- Your state law and the First Amendment and whether or not the Cardigans have a right to have their commercial aired or not.
- Be sure to discuss whether or not WBLAH is unreasonably abridging the Cardigans' rights guaranteed to the individuals under the First Amendment.
- Be sure to indicate which case gives us the most support of having the commercial aired.