This Article Full Text (PDF) Alert me when this article is cited Alert me if a correction is posted Services Email this article to a friend Similar articles in this journal Alert me to new issues of the journal Add to Saved Citations Download to citation manager Request Permissions Request Reprints Add to My Marked Citations Citing Articles Citing Articles via HighWire Citing Articles via Google Scholar Citing Articles via Scopus Google Scholar Articles by Graff, S. K. Search for Related Content Social Bookmarking                         What's this?

First Amendment Implications of Restricting Food and Beverage Marketing in Schools

Public Health Law & Policy (PHLP), Public Health Institute, in Oakland, California

This article explores how the First Amendment bears upon a school district policy restricting junk food and soda marketing in public schools. The article highlights a clash between two fundamental American beliefs: that a public school should be a sheltered training ground for democratic citizenship and that the strength of the free market economy is dependent upon corporate access to consumers including children. The article begins by describing the "commercial speech doctrine," which explains why the First Amendment might be implicated in a school district advertising policy. The article then touches on actions a school district might take without involving the First Amendment. Next, the article distinguishes between two First Amendment standards of review that a court could apply to a school district advertising policy and argues that a "forum analysis" is the appropriate approach. The article identifies three types of advertising policies that should survive a forum analysis.

Key Words: First Amendment • commercial speech • in-school advertising • marketing to children • commercialization of childhood • obesity • nutrition • junk food and soda

The ANNALS of the American Academy of Political and Social Science, Vol. 615, No. 1, 157-177 (2008)
DOI: 10.1177/0002716207308398


CiteULike    Complore    Connotea    Del.icio.us    Digg    Reddit    Technorati    Twitter    What's this?

This article has been cited by other articles:

				J. L. Pomeranz and L. O. Gostin Improving Laws and Legal Authorities for Obesity Prevention and Control J. Law Med. Ethics, June 1, 2009; 37(s1): 62 - 75. [PDF]