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Businesses such as the Atlantic are not obliged to take advertising from all comers. Showing up with your $50 or whatever does not guarantee you equal time in a
by fusiongyro 14y ago
Businesses such as the Atlantic are not obliged to take advertising from all comers. Showing up with your $50 or whatever does not guarantee you equal time in anybody's magazine. In fact, even if it did it would be ill-advised, if the brands are contradictory; you don't expect to see a Walmart ad in the New Yorker yet I'm sure Walmart can afford to run them there, likewise you don't see Louis Vuitton ads in PC Magazine. Both parties in the advertising relationship are free to choose and refuse each other, like any other contractual arrangement between people or corporations. This isn't a first-amendment issue.
- mediumdeviation 14y agoI'd agree, except there have been cases like this: > The judge, Paul A. Engelmayer of Federal District Court, ruled that the rejected ad was “not only protected speech — it is core political speech,” [...] As such, the judge held, the ad “is afforded the highest level of protection under the First Amendment.” http://www.nytimes.com/2012/07/21/nyregion/mta-violated-rights-of-pro-israel-group-judge-says.html http://www.nytimes.com/2012/07/21/nyregion/mta-violated-righ... Here's one of the ads: http://i.imgur.com/iY0bx.jpg http://i.imgur.com/iY0bx.jpg
- martingordon 14y agoThe difference is that The Atlantic is a private company. They aren't obligated to uphold the First Amendment. The MTA is a pseudo-government entity (a New York state public-benefit corporation[1], to be exact) and is (apparently) subject to the First Amendment. [1]: http://en.wikipedia.org/wiki/New_York_state_public_benefit_corporations http://en.wikipedia.org/wiki/New_York_state_public_benefit_c...