Does Advertising Have an Ethical Responsibility to Society?

Advertising is constantly bombarded by criticism. It is accused of encouraging materialism and consumption, of stereotyping, of causing us to purchase items for which we have no need, of taking advantage of children, of manipulating our behavior, using sex to sell, and generally contributing to the downfall of our social system. This seems a little harsh.

I don't believe advertising must follow "social rules" but rather comply with legal aspects and definitions. When it comes to controversy and questions to which each person has their own unique answer, such as most moral issues, advertisers should only be held up to a set of standards. Now, this does not mean advertisers shouldn't use common sense. Obviously if people of all races are going to be purchasing an item, advertising had best appeal to all audience members - but this is not a law, nor a responsibility. It is simply a business.

Perhaps the only defense advertising has is the first amendment.

The United States Constitution, through the First Amendment, places constraints on government repression of speech. Advertising is recognized by the courts as a form of "commercial speech." Commercial speech has been defined by the Court as speech "which does no more than propose a commercial transaction," according to advertising department officials at the University of Texas, Austin. Although the courts never have recognized it as being as valuable as some other forms of speech, commercial speech is protected by the First Amendment.

What does this mean?

It means, simply, that many of the criticisms aimed at advertising cannot be regulated by the government. However, the Supreme Court, in Central Hudson Gas & Electric v. Public Service Commission, declared that commercial speech can be regulated if the following attributes are present:

· It's misleading or concerns an illegal product

· There's a substantial government interest

· The regulation directly advances that government interest

· The regulation is narrowly tailored to that interest.

If a regulation can pass that test, it will be held constitutional.