This article reviews current advertising case law and its implications for advocacy communication, as well as relevant image/issue advertising regulatory decisions by the FTC, FCC, and IRS. In an effort to minimize the chilling effect of this regulation, the authors offer guidelines aimed at assisting communication managers charged with designing effective campaigns.
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References
1.
American Advertising Federation (1981), “Comments of the American Advertising Federation with Respect to Proposed Regulations on the Treatment, for Tax Purposes, of Expenditures for Attempts to Influence Legislation” (January 26). Statement filed with Commissioner of Internal Revenue in regard to IRS Lobbying Regulation Hearings.
2.
BeekenScott H. (1981), “A Tax Practitioner's Primer on Grassroots Lobbying,”Taxes–The Tax Magazine, 59 (February), 93–96.
3.
BorduaDavid J. (1983), “Adversary Polling and the Construction of Social Meaning,”Law & Policy Quarterly, 5 (July), 345–366.
4.
BostickGeorge H. (1981), “Prop. Regs. on Grassroots Lobbying: Analysis of the Area and Special Problems Involved,”Journal of Taxation, 54 (June), 332–338.
5.
BucholzRogene (1982), “Education for Public Issues Management: Key Insights from a Survey of Top Practitioners,”Public Affairs Review, 3, 65–76.
6.
ClevelandRobert W. (1981), “Grassroots Lobbying and the Public's Right to Hear: First Amendment Implications of I.R.C. Section 162(e) (2) (B), ”Cardoza Law Review, 2 (Spring), 597–638.
7.
EwingRaymond P. (1982), “Advocacy Advertising: The Voice of Business in Public Policy Debate,”Public Affairs Review, 3, 23–39.
8.
Federal Communications Commission (1984), Notice of Inquiry in Gen. Docket No. 84-282, FCC 84-140, 49Fed. Reg., 20317 (May 14).
9.
Freedom of Expression Foundation (1984), “Comments of the Freedom of Expression Foundation before the Federal Communications Commission in the Matter of Inquiry into Section 73.1910 of the Commission's Rules and Regulations Concerning the General Fairness Doctrine Obligations of Broadcast Licensees, Gen. Docket No. 84-282” (September).
10.
FriendlyFred W. (1977), The Good Guys, the Bad Guys, and the First Ammendment: Free Speech vs. Fairness in Broadcasting, New York: Vintage Books.
11.
GayVerne (1982), “Mobil—They Speak Their Mind,”Marketing & Media Decisions, 17 (Spring), 87–97.
12.
GlasserIra (1983), “Introduction,”Free Speech, 1984: The Rise of Government Controls on Information, Debate and Association, New York: American Civil Liberties Union.
13.
HeathRobert L., and NelsonRichard Alan (1983a), “Image/Issue Advertising Tax Rules: Understanding the Corporate Rights,”Public Affairs Review, 4, 94–101, 104–105.
14.
HeathRobert L. (1983b), “An Exchange on Corporate Advertising: Typologies and Taxonomies,”Journal of Communication, 33 (Autumn), 114–118.
15.
IversonAnn C. (1982), “Advertising in a Hostile Environment,” paper presented to The Popular Culture Association, Louisville, Kentucky (April).
16.
KrauskopfAnne M. (1979), “Influencing the Public: Policy Considerations Defining the Tax Status of Corporate Grassroots Lobbying,”Catholic University Law Review, 28 (Winter), 313–357.
17.
KrebsFrederick J. (1978), “Grassroots Lobbying Defined: The Scope of IRC Section 162(e)(2)(B), ”Taxes—The Tax Magazine, 56 (September), 516–520.
18.
LudlumScott (1978), “Remarks,” in Proceedings of the Third Annual Hopkins/Vansant Dugdale Symposium, presented under the auspices of The Johns Hopkins University Evening College, Baltimore, Maryland (December 7), 38–44.
19.
MeadowRobert G. (1981), “The Political Dimensions of Nonproduct Advertising,”Journal of Communication, 31 (Summer), 69–82.
20.
National Association of Broadcasters (1984), “Comments of the National Association of Broadcasters before the Federal Communications Commission in the Matter of Inquiry into Section 73.1910 of the Commission's Rules and Regulations concerning the General Fairness Doctrine Obligations of Broadcast Licensees, Gen. Docket No. 84-282,”2 volumes (September 6).
21.
NelsonHarold L., and TeeterDwight L.Jr. (1982), Law of Mass Communications: Freedom and Control of Print and Broadcast Media, 4th edition, Mineola, NY: Foundation Press.
22.
“Perspectives on Current Developments: Truth vs. Proveability at the FTC” (1983), Regulation: AEI Journal of Government and Society, 7 (February), 4–6.
23.
PrestonI. L. (1975), The Great American Blow-Up: Puffery in Advertising and Selling, Madison: University of Wisconsin Press.
24.
RonickH. Robert (1983), “The F.T.C.: An Overview,”Cases & Comment, 88 (July-August), 35–38.
25.
RotfeldHerbert J. (1983), “Regulation of the Free—Advertising and the First Amendment,”Policy Studies Review, 41 (February), 474–483.
26.
RowanFord (1984), Broadcast Fairness: Doctrine, Practice, Prospects, New York: Longman.
27.
SaddlerJeanne (1983), “FTC Easing Rules Requiring Firms to Support Ad Claims,”Wall Street Journal (July 21), 29.
28.
SethiS. Prakash (1977), Advocacy Advertising and Large Corporations, Lexington, MA: D. C. Heath.
29.
SethiS. Prakash (1979), “Institutional/Image Advertising and Idea/Issue Advertising as Marketing Tools: Some Public Policy Issues,”Journal of Marketing, 43 (January), 68–78.
30.
U.S. Congress (1978a), House of Representatives, Committee on Government Operations, Hearings, IRS Administration of Tax Laws Relating to Lobbying (pt. 1), 95th Cong., 2nd sess., Washington, DC: U.S. Government Printing Office.
31.
U.S. Congress (1978b), Senate, Committee on the Judiciary, Subcommittee on Administrative Practice and Procedure, Sourcebook on Corporate Image and Corporate Advocacy Advertising, Committee Print, 95th Cong., 2nd sess., Washington, DC: U.S. Government Printing Office.
