Also known as: ad s. · ads. · ad sectam
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An abbreviation for ad sectam, used in case captions to indicate that a suit is brought at the instance of a named plaintiff.
An abbreviation for ad sectam, used in case captions to indicate that a suit is brought at the instance of a named plaintiff.
A form of commercial speech consisting of public notices or solicitations, such as lawyer advertisements for routine services and fees. Truthful ads receive First Amendment protection against blanket state prohibitions, though states may still bar false or misleading content.
Alice Atkins, a solo practitioner, places a newspaper notice listing her standard fee for an uncontested divorce. State disciplinary authorities seek to sanction her under a rule forbidding all lawyer advertising. The court holds the rule unconstitutional because the ad is truthful and concerns routine legal work.
A form of commercial speech consisting of public notices or solicitations, such as lawyer advertisements for routine services and fees. Truthful ads receive First Amendment protection against blanket state prohibitions, though states may still bar false or misleading content.
Each sense below has its own examples, sources, and questions.
Amelia Amari runs a newspaper ad with an illustration offering contingent-fee representation in product-liability cases. The state bar charges her with violating rules that ban illustrations and require dignified ads limited to twenty specified items. The court rejects the blanket prohibition and requires narrower tailoring to prevent only false or misleading claims.
Apex Dynamics, a nonprofit corporation, produces television ads promoting a documentary critical of a political candidate. Federal election law bans corporate expenditures on such electioneering communications. The court holds that the First Amendment prohibits Congress from silencing corporate speech on the basis of the speaker's identity.
Hustler Magazine publishes a parody advertisement depicting a public figure in a vulgar scenario. The figure sues for intentional infliction of emotional distress. The court rules that the First Amendment bars recovery absent a showing of actual malice, protecting even offensive parodies from tort liability.
Alfred Ashford searches Rochester newspapers for rental housing in suburban towns but finds none within his income range. He later sues local officials alleging exclusionary zoning. The court examines whether his inability to locate suitable units through ads supports standing to challenge the zoning practices.
Arcadia Retail funds broadcast issue advertisements that criticize a candidate's record without expressly advocating defeat. Campaign-finance statutes treat the ads as electioneering and restrict the funding source. The court upholds disclosure requirements but scrutinizes the limits on corporate soft-money expenditures.
No. Only truthful advertising of routine legal services receives protection. States may still prohibit false, deceptive, or misleading ads without violating the Constitution.
No. Blanket bans on illustrations or other non-misleading content are unconstitutional. Regulation must be narrowly tailored to prevent only false or misleading speech.
No. The First Amendment prohibits silencing speech based on the speaker's corporate identity. Corporate political speech, including ads, receives the same protection as individual speech.
Yes. Parody advertisements receive First Amendment protection. Recovery for intentional infliction of emotional distress requires proof of actual malice.
Yes. A plaintiff's unsuccessful search for housing through newspaper ads can help demonstrate injury and support standing to challenge exclusionary zoning.
Yes. Campaign-finance statutes may require disclosure of funding sources for issue ads that mention candidates, even when the ads stop short of express advocacy.
…units that were available reasonably priced so that I could even afford to rent the largest apartment unit. I have been reading ads in the Rochester metropolitan newspapers since coming to Rochester in 1966 and during that time and to the present time, I have not located either rental housing or housing to buy in…