Editorial Advertising and the First Amendment

The fast-growing practice of buying paid "editorial advertisements" in the mass media by individuals and citizens groups wishing to express opinions oncontroversial issues, and the media by individuals and citizens groups wishing to express opinions on controversial issues, and the reluctance and refusal of some licensees and publishers to comply with these requests presents the courts with a dilemma. Is such "commercial advertising" protected by the provisions of the First Amendment? Actual case histories show that such commercial advertising is not protected by the Constitution and is regulated by broad government regulations. Rights that are well-defined demonstrate that allegedly libelous statements do not forfeit constitutional protection because they appear in the form of paid advertising; broadcasters are not required to sell time for editorial ads as long as they treat issues fairly; and the individual is restricted in his ability to express views directly to an audience, but he can advertise on municipal facilities such as buses and subways since the courts have forbidden public agencies to prohibit such advertising. (DS)