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The New Rules Project - Designing Rules As If Community Matters

Curbing the Commercialization of Public Space

Total ad expenditures in the United States have risen from $50 billion in 1979 to $200 billion in 1998. Advertising is seeping into places we once assumed were off-limits.

For instance, in major cities facades of buildings as well as whole buildings are plastered with a single ad. The Gap and other stores project advertisements from lamps onto sidewalks at night. Public beaches are imprinted with adveretisements for iced tea and television shows.

Cultural and religious events now have sponsors whose logos are ubiquitous. Coca-Cola emblazoned the city of Atlanta in red when it sponsored the 1996 Olympics, while Pepsi sponsored the Papal visit to Mexico in 1999. Apple Computer has managed to hang "Think Different" banners, featuring Pablo Picasso and Gustave Eiffel, on the facade of the Louvre in Paris.

Although advertising does play a role in society, its encroachment into new areas constitutes a threat to public space, or the commons. Public space can be physical (a city street) or virtual (the media) but it is the place where ideas are exchanged and debated, helping to inform the citizenry of a democracy. When commercial speech crowds out other kinds of speech in the commons, a variety of points of view can no longer be heard. For instance, when schools broadcast ads to children or sponsor Coke days, childrens' ability to choose freely among competing ideas is stifled.

Communities should have the right to reserve spaces free of commercialism, where citizens can congregate or exchange ideas on an equal footing, and where those with the most money do not necessarily speak in the loudest voice. Advertising is widely acknowledged to be manipulative, and schools, universites and other public institutions should aspire to treat citizens equitably and fairly.

Communities have attempted to put curbs on advertising and to preserve public spaces, for instance, by restricting large signs and billboards. However, when enacting such laws, communities must tread carefully. A series of Supreme Court decisions in recent years have moved commercial speech ever closer to becoming the equivalent of non-commercial speech, with its strong First Amendment protections. Billboard bans have usually been upheld but other types of restrictions are often overturned.

School board policies banning advertising in public schools have thus far passed muster. Sweden and Norway have banned television advertising to children under 12, but it is unlikely that such a law would be upheld in this country. This page links to model laws and exisiting laws that curb the role of commercialism in communities in order to preserve the role of the commons.

RULES:

  • Bans on Television Advertising to Children
    Across Europe a number of laws curb television advertising aimed at children. In Sweden and Norway, television advertisements are not permitted on programs directed specifically to children under the age of twelve. Holland bans sponsorship of ads between children's programming; Ireland has imposed a ban on ads on late afternoon television; and the Flemish region of Belgium operates similar restrictions. More...
  • California Textbook Ad Ban
    In September 1999, the state of California passed AB 116, banning commercial images in public school textbooks. AB 116 is a strong law, according to the Center for Commercial-Free Public Education. It backs up a California State Dept. of Education policy already on the books, prohibiting advertising in textbooks. More...
  • San Francisco Commercial Free Schools Act
    In June 1999, San Francisco became the largest school district yet to approve policies on commercialism in schools. The Act requires all long-term corporate sponsorships to be approved by the Board of Education. It also prohibits teachers from using corporate sponsored educational materials, including Channel One and ZapMe. The Act also forbids San Francisco from entering into a district-wide exclusive contract with a soda or snack food company. More...
  • Billboard Ban - Hawaii
    Four states currently ban billboards: Alaska, Hawaii, Maine and Vermont. It is no accident that these four states are known for their scenic beauty. Businesspeople in these states recognize that an unmarred landscape promotes tourism and benefits them in the long run. Billboard bans also level the playing field between local businesses and national chains in at least one advertising medium. More...

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