Legal Question in Constitutional Law in Wyoming
Commercials that Contain Disgusting Images
Would it be possible to sue advertising companies for showing an infected toe or toenail very up-close? This is especially sickening when in the middle of eating, which as these companies know, is what over half of the viewers who are watching TV are doing. Example: Dr. Scholls or Lamisil.
Thank you.
1 Answer from Attorneys
Re: Commercials that Contain Disgusting Images
It's possible to sue them, but not to win. No one is forcing you to watch TV, and the advertisers have First Amendment rights which allow them to run these ads.
The law would only be on your side if the ads were obscene, which they are not. Ads that are merely "sickening" are protected. Besides, what sickens you may not affect others the same way. Advertisers are savvy enough not to run ads that will disgust most viewers (offended viewers are unlikely to become customers), so my sense is that you are unusually sensitive to such images.
If these ads bother you, I suggest not watching TV while you eat. Alternatively, you can look away during commercial breaks.