Is advertising speech?

[DanS]

AFAIK, advertising speech is protected slightly less than political speech. But yes, it's still speech.

[chequita guevara]

Originally posted by Theben
Advertising here is covered under free speech, and yes doctors do advertise.

Not quite. The Supremes have held that commercial speech is not protected by the Constitution.

[Imran Siddiqui]

Originally posted by chegitz guevara
Not quite. The Supremes have held that commercial speech is not protected by the Constitution.

Are you on drugs?! The Supremes HAVE said commerical speech is protected. However, as DanS pointed out, it is not as protected as political speech.

That is why you see those lawyer ads. The American Bar Association banned lawyers from advertising. A few lawyers sued and the Supreme Court said their commerical speech is protected, but the bar association can put limits on it, such as not making claims that can't be measured and not making misleading statements.

[Last Conformist]

Originally posted by Imran Siddiqui

You just aren't allowed to make medical claims IIRC.

So pharmacuticals aren't allowed to make scientifically supported claims? How do you lot figure out what, say, Viagra does?

Since Viagra, IIRC, is prescription-only, finding out what it does isn't particularly useful, but what you'd do is getting a copy of the FASS (a registry of approved drugs) and read the description.

Of course, this particular drug has been all over the tabloids, so probably everyone know its basic function.

I'm not sure what the law says, but you in practice only see ads for prescription-free drugs. Hard to see what would be the point in advertizing prescription drugs anyway.

[Imran Siddiqui]

Hard to see what would be the point in advertizing prescription drugs anyway.

It's so patients can ask their doctors about the drug. Without the advertising the doctor may not mention such a drug to the patient. After all, how many people tell their doctor that they have problems getting it up if they aren't away of a cure for it? Not many, but if there is a solution for it, they may ask questions about Viagra or Cialius, etc.

[Agathon]

Originally posted by Imran Siddiqui

Hard to see what would be the point in advertizing prescription drugs anyway.

It's so patients can ask their doctors about the drug. Without the advertising the doctor may not mention such a drug to the patient. After all, how many people tell their doctor that they have problems getting it up if they aren't away of a cure for it? Not many, but if there is a solution for it, they may ask questions about Viagra or Cialius, etc.

But people know so little about drugs that it is hopeless. Doctors are experts. Some of them are bad, but generally it is better off if the decisions are left up to the experts. If drug companies advertise, people are probably going to want to nag their doctor for it, even if the doctor knows it won't work or won't work as well as something else.

In our over medicated society we simply do not need more drugs. It's not as if drug companies aren't up to disease mongering to improve sales either.

[duke o' york]

Prescription drugs aren't advertised to the general public, but direct to doctors. Ask Dr Strangelove about the incredible drug company freebies he gets offered.

[Imran Siddiqui]

Originally posted by Agathon
But people know so little about drugs that it is hopeless. Doctors are experts. Some of them are bad, but generally it is better off if the decisions are left up to the experts. If drug companies advertise, people are probably going to want to nag their doctor for it, even if the doctor knows it won't work or won't work as well as something else.

In our over medicated society we simply do not need more drugs. It's not as if drug companies aren't up to disease mongering to improve sales either.

Why is it hopeless? Patients just ask their doctors about it. The doctors will tell them if they really need it or not. And the doctor will probably try to push his own drugs as well (the ones that he's been given by the pharma companies). It allows patients to be a bit more comfortable to be talking about ailments. Most patients just don't know that there are things that can fix their problems (and so they don't tell their doctors about things like acid reflux or impotence).

[Agathon]

Why is it hopeless? Patients just ask their doctors about it. The doctors will tell them if they really need it or not. And the doctor will probably try to push his own drugs as well (the ones that he's been given by the pharma companies

The second is something else that needs to be stamped out. As for the first, people will ask their doctors about it and then change doctors to the ones that will pander to their advertising induced prejudices.

Medicine is a science, not a consumer product like hats, and should be guided by scientific decision making not the ill-informed preferences of patients.

[Kuciwalker]

As for the first, people will ask their doctors about it and then change doctors to the ones that will pander to their advertising induced prejudices.

That's better than not asking about problems that can be fixed.

[Imran Siddiqui]

As for the first, people will ask their doctors about it and then change doctors to the ones that will pander to their advertising induced prejudices.

Why do you think that? Do you have any experience that this has happened?

[Kontiki]

Originally posted by duke o' york
Prescription drugs aren't advertised to the general public, but direct to doctors. Ask Dr Strangelove about the incredible drug company freebies he gets offered.

Prescription drugs are very much advertised to the public here. And like Kuci, I've seen plenty of Canadian ads for dental and eye care (primarily laser eye surgery).

[Zkribbler]

Originally posted by Asher
I've heard radio advertisements for emergency rooms on US radio stations.

I'm trying to fathom this. What's it say? . . .

Hi there! Have you just had an arm ripped off . . . ot maybe you've ingested poison. Don't go to that emergency room around the corner. Who knows how good they are?

You deserve the best, so race across town to Acme Emergency Room, where we honor most insurance plans.

[Agathon]

@ Zkrib

[Urban Ranger]

So SCOTUS ruled that advertising is speech? That's a bit odd to me, since as I said, advertising is not about a person's statement on any particular issue.

I guess this would be up to interpretation by the supreme court of the land).