Suppose you are the publisher of a widely circulated magazine, Guns Monthly, for people whose hobbies include gun collecting, hunting, or target shooting, or who are otherwise interested in guns. You and your marketing advisers decide to institute an aggressive advertising campaign for the magazine. You purchase time on several TV stations for a thirty-second commercial to solicit new subscriptions. In the commercial a well-known professional baseball player, standing at what appears to be a shooting range, holds up a copy of the magazine and says: "During the off season I relax by target shooting at gun clubs like this one. And I've also learned to count on Guns Monthly for top-quality articles, pictures, charts, and diagrams that help me enjoy and appreciate firearms." The baseball celebrity then urges viewers to call the number on the screen and order the magazine for the introductory price of $21.95 per year. The commercial also states that, along with the order, new subscribers will receive a free package of Guns Monthly foam ear plugs, the ones specially designed to help protect a marksman's hearing."

A few things about the commercial are not exactly what they seem. The baseball player wasn't really at a gun club, but was taping the commercial at a realistic indoor set. In addition, the baseball player does not actually read Gun's Monthly. In fact, he had never seen a copy prior to arriving to record the commercial. Also, the introductory price is actually a dollar higher than the magazine's introductory rate. The extra dollar is to partially recoup the cost of the ear plugs. Furthermore, although the Guns Monthly ear plugs do indeed help protect shooters hearing, they are no different in this regard than any other brand of foam ear plugs.

 

Meanwhile, you are quite concerned about another matter: Congress has passed legislation that bans all advertising for firearms. Such advertising accounts for more than half the ads carried in your magazine, so the ban could be devastating to you. Congress determined the ban was justified because tens of thousands of people are killed by firearms in this country each year, including two thousands of them accidentally. The advertising ban, Congress thought, would be one to help reduce the demand and ultimately the prevalence of firearms in society.

A.  What test will the courts use to determine whether the advertising ban of guns would be Constitutional? Will the proposed regulation pass the test? Apply the test to determine this.

B. Does the TV commercial violate any FTC guideline? What guideline(s), if any, does the commercial violate?