A Stitch in Haste

The Advertising Standards Authority is here to protect the interest of consumers. It’s our role to make sure all advertising, wherever it appears, is both honest and decent.
--ASA Website

Still have a hard time believing that there is no First Amendment in Europe?

Drinks companies have been ordered to use uglier men in their advertising campaigns.

The Advertising Standards Authority believes "balding" and "paunchy" men would be less likely to encourage women to drink to achieve social success.

The new advertising code stresses that links must not be made between alcohol and seduction.

A campaign for popular sparkling drink Lambrini has become the first to fall foul of the new rules.

The Authority objected to a poster which showed three women "hooking" a slim, young man in a parody of a fairground game.

The industry regulator instructed the firm: "We would advise that the man in the picture should be unattractive — ie overweight, middle-aged, balding etc."

Of course, here in the U.S. commercial speech doesn't receive full First Amendment protection either, but it does receive some protection — see Central Hudson Gas & Electric v. Public Service Commission, 447 U.S. 557 (1980); regarding alcohol advertising see 44 Liquormart v. Rhode Island, 517 US 484 (1996) (broad power to regulate alcohol does not include plenary power to censor alcohol advertising).

Our boundaries on First Amendment protection of commercial speech try to limit direct, objective and proximate harms like fraudulent advertising, advertising to children, and blanket bans on addictive substances such as cigarettes and alcohol in some contexts (e.g., sporting events). But we have not (yet) sunk to the level where ads are censored because some hack bureaucrat hypothesizes some cute, flimsy and unproven theory of causation that, even if somehow true, would be completely irrelevant anyway.

And keep in mind that we are not talking about Iran, or Pakistan or Singapore. This is the U.K. The Europeans may be getting some things right (e.g., gay marriage), but they don't beat us in everything regarding basic civil liberties.

More thoughts at Hit & Run, Nanny Knows Best.