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The Difference Between Deceptive Advertising and Free Speech

by YoungAndOpulent Banned
12 replies
Okay, over the past couple of days, I've kept my eye on a couple of threads which dealt with deception in IM. In one thread, the OP asked what would be an appropriate punishment for spammers. In the other thread, the OP posted an article in which some marketers were sued by the FTC for hundreds of millions of dollars for false advertising.

In both threads, there were people who tried to rationalize and even justify spamming and deceptive advertising by calling it free speech. According to a few of these members, the authorities have no place to prosecute fraudsters because doing so would be violating the first amendment. But these people seem to forget that last part about, "falsely shouting FIRE in a crowded theater."

Its interesting how many people are trying to rationalize fraud by calling it free speech. That being said, where do we draw the line between fraud and free speech?
#advertising #deceptive #difference #free #speech
  • Profile picture of the author Joel Young
    A little research will reveal that free speech is limited, as you alluded to in your post. Deception, to me, is never appropriate, free speech or not. Those who try to hide behind the First Amendment for purpose of justifying deceptive advertising are selfish and uncaring. Yes, I just said that, and there's no way to see it otherwise. A service and/or product should be sold with the desire to help, not hurt. Deception never helps in this case. Free speech has its limits, and deception is just as bad as shouting "Fire!".
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  • Profile picture of the author sbucciarel
    Banned
    Well, on this forum and elsewhere, there's always those who have an instant justification for fraud, spamming, lieing, cheating, stealing (piracy) ... you name it.

    Always, they respond with the same old BIG BROTHER is stepping all over my rights crap. It is meaningless dialogue by the same bunch of Internet Marketers that give this industry the bad reputation that it has.

    Fraud and free speech as laws and rights aren't even closely related.
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    • Profile picture of the author PatriciaJ
      The first amendment doesn't apply to most of the world and even I on the other side of the Atlantic know that it wasn't intended to offer get out of jail free cards for scumbags.

      Anybody who thinks that it's ok to cheat others and claim free speech as an excuse are inexcusable.

      As Susanne says

      Fraud and free speech as laws and rights aren't even closely related.
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    • Profile picture of the author YoungAndOpulent
      Banned
      Originally Posted by sbucciarel View Post

      Well, on this forum and elsewhere, there's always those who have an instant justification for fraud, spamming, lieing, cheating, stealing (piracy) ... you name it.

      Always, they respond with the same old BIG BROTHER is stepping all over my rights crap. It is meaningless dialogue by the same bunch of Internet Marketers that give this industry the bad reputation that it has.

      Fraud and free speech as laws and rights aren't even closely related.
      Well said.
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  • Profile picture of the author davezan
    Originally Posted by YoungAndOpulent View Post

    That being said, where do we draw the line between fraud and free speech?
    I was going to say intent. But because that's rather difficult to correctly figure
    out a lot of the time, probably next best thing is the degree of "material harm".

    Personally I wonder how the heck can some people claim the clamping down on
    materially-harmful activities as being even remotely "freedom of speech", much
    more complain about that. I mean, don't they want to be protected if ever?

    Unless they maybe feel they don't need protection. Oh well.
    Signature

    David

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  • Profile picture of the author bigcaveman
    Free speech is your ability to say whats on your mind or how you feel.

    When you are deliberately deceiving someone else, you are not expressing your beliefs or feelings. You are trying to intentionally deceive someone for your own personal gains.

    Speaking your mind is much different than taking advantage of someone.
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  • Profile picture of the author seobro
    Back in the bad old days I would see an ad in the paper. Then I would drive to the store and I would ask - where is the $99 camera? Reply was usually - LOOK, I don't know what you are talking about and I am very busy right now.

    It was a trap to get people in the store and then they would often buy something before leaving, but not anymore. What is happening now? People still pull that trick, but OK so I hit the back arrow. Also, I do not go to many FRAUD pages. Google helped us out with page rank as most spammers are page rank zero. They like to market all kinds of garbage products to steal our money.

    Remember, if it is too good to be true, it usually is!
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    http://www.seobro.com
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  • Profile picture of the author rosetrees
    I'm going to repost a post I made earlier today.

    "Freedom of speech is, in my personal opinion, the freedom to express an opinion calmly and rationally and in a non-inflammatory way. Fraud, deception, deliberate trolling, deliberately upsetting someone or deliberately bullying or baiting someone are NOT freedom of speech. They are deliberate acts."
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    • Profile picture of the author YoungAndOpulent
      Banned
      Originally Posted by rosetrees View Post

      I'm going to repost a post I made earlier today.

      "Freedom of speech is, in my personal opinion, the freedom to express an opinion calmly and rationally and in a non-inflammatory way. Fraud, deception, deliberate trolling, deliberately upsetting someone or deliberately bullying or baiting someone are NOT freedom of speech. They are deliberate acts."
      Yep! The line can't get any clearer than that explanation.
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  • Profile picture of the author Mark Alan
    You are free to say anything you want, but if your speech causes injury to others you are liable for it.
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    Crazy Cheap Hosting Get Hosting for less than $2 per month + Free Domain Name Registration. Get Free SEO, Blogging and Internet Marketing Tips from the Solo Blogger.
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  • Profile picture of the author Michael Oksa
    It's not nice to think about, but Free speech covers lying--until that lie is used to harm people in some way (loss of money, loss of reputation, loss of assets).

    The main purpose of Freedom of Speech in the U.S. is to allow citizens to speak out against the government without fear of reprisal. However, harming other people, as mentioned above, is usually not considered protected speech.

    "The Warrior Forum doesn't let me talk about politics, so it's curtailing my rights." Nope. That's entirely different because you are in a privately-owned environment.

    People who use "Free Speech" as an excuse to be rotten people are just like those who hurt other people's feelings and justify it by saying, "Well, it's the truth!"

    If people would just be decent and generous, then we wouldn't need to continually re-hash this topic. However, because some people aren't like that, there is value in bringing up this discussion from time to time.

    All the best,
    Michael
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    "Ich bin en fuego!"
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    • Profile picture of the author davezan
      Originally Posted by Michael Oksa View Post

      "The Warrior Forum doesn't let me talk about politics, so it's curtailing my rights." Nope. That's entirely different because you are in a privately-owned environment.
      Kinda funny also when some people complain about that. To think they may also
      dictate what can and can't be said or done in their own premises.

      Ah well, some people.
      Signature

      David

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