Native Advertising, The First Amendment And The FTC

New York Partner Fernando A. Bohorquez, Jr. and Associate Alan Pate today published "All Native Advertising is Not Equal — Why that Matters Under the First Amendment and Why it Should Matter to the FTC" in the Media Law Resource Center's MLRC Bulletin: Legal Frontiers in Digital Media. The article provides a comprehensive review of the emerging and already ubiquitous digital marketing practice known as "native advertising," the sliding scale of possible First Amendment protections for "native advertising", and what that may mean for the FTC's possible regulation of the practice.

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