Legal Question in Technology Law in California

Re: Advertising which Insinuates performing illegal actions with product being s

Advertising is regarded as "commercial speech" and is therefore protected by the First Amendment. There are limits on commercial speech just as there are on other kinds of speech. A fraudulent ad is not protected, and people do not have the right to shout "Fire!" in a crowded theater unless there is a fire.

While the advocacy of revolution at some unspecified future time is protected, calling for immediate violence is not. The ads you gave as examples are not as extreme, and I think that they would be protected.

Re: Advertising which Insinuates performing illegal actions with product being s

An attorney would need to see your specific ad idea to analyze whether it was pornographic or obscene, an incitement to a crime, etc.

D. Alexander Floum is an experienced intellectual property attorney. Alex teaches intellectual property law to practicing lawyers and law school students.

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