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APHA 2010, Denver, CO

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Robert J. L. Moore
Robert J. L. Moore

≒Block the Insanity! Leveraging Municipal Cable Franchising Powers to Battle Childhood Obesity, American Public Health Association Annual Meeting, November 9, 2010, Denver, CO; Northeastern University Symposium, Boston, MA, January 14, 2011

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BLOCK THE INSANITY LEVERAGING MUNICIPAL CABLE FRANCHISING POWERS TO BATTLE CHILDHOOD OBESITY ROBERT J. L. MOORE, J.D. [email_address] AMERICAN PUBLIC HEALTH ASSOCIATION ANNUAL MEETING 2010 NOV. 9, 2010 DENVER, CO This work is licensed under the Creative Commons Attribution-NoDerivs 3.0 Unported License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nd/3.0/ or send a letter to Creative Commons, 171 Second Street, Suite 300, San Francisco, California, 94105, USA.
ROBERT J. L. MOORE, J.D. [email_address]
ROBERT J. L. MOORE, J.D. [email_address]
ROBERT J. L. MOORE, J.D. [email_address] How the proposal works Cable Communications Policy Act of 1984 (CCPA), Public Law 98-549 (Oct. 30, 1984) Most states delegate franchising power to municipalities
ROBERT J. L. MOORE, J.D. [email_address] How the proposal works Municipalities act through franchising authorities Federal law sets procedures for grant and renewal of franchising agreements
ROBERT J. L. MOORE, J.D. [email_address] What can franchising authorities demand?
ROBERT J. L. MOORE, J.D. [email_address] Nothing in this subchapter shall be construed as prohibiting a franchising authority and a cable operator from specifying, in a franchise or renewal thereof, that certain cable services shall not be provided or shall be provided subject to conditions, if such cable services are obscene or are otherwise unprotected by the Constitution of the United States . - 47 U.S.C. 則 544(d)(1) (emphasis added). Franchising authorities can regulate content
ROBERT J. L. MOORE, J.D. [email_address] otherwise unprotected by the Constitution of the United States? This phrase would also permit changing constitutional interpretations to be incorporated into the standard set forth in [47 U.S.C. 則 544(d)(1)], should those judicial interpretations at some point in the future deem additional standards, such as indecency, constitutionally valid as applied to cable. -House Report on the CCPA. The types of content covered by this exception within the CCPA would expand with future U.S. Supreme Court decisions which may find that other kinds of speech are unprotected under the Constitution. -Senate Report on the CCPA.
ROBERT J. L. MOORE, J.D. [email_address]
ROBERT J. L. MOORE, J.D. [email_address] About V-Chips Block TV signals based on ratings Ubiquitous Not widely used
ROBERT J. L. MOORE, J.D. [email_address] Rate commercials for target demographic Empower V-Chips to block ads to kids Default setting should be blocked The proposal
ROBERT J. L. MOORE, J.D. [email_address] Rating ads
ROBERT J. L. MOORE, J.D. [email_address] Scalable Proper exercise of police power Why this proposal
ROBERT J. L. MOORE, J.D. [email_address]
ROBERT J. L. MOORE, J.D. [email_address] Federal law does not permit franchising authorities to make this sort of demand. This proposal unconstitutionally infringes on Free Speech. Legal arguments against this proposal
ROBERT J. L. MOORE, J.D. [email_address] But government wouldnt be restricting speech here!
ROBERT J. L. MOORE, J.D. [email_address] Advertising to kids isnt constitutionally protected.
ROBERT J. L. MOORE, J.D. [email_address] An ad is deceptive if it is a representation, omission or practice that is likely to mislead [a reasonable member of the advertisements target audience]. -FTC Ads to kids are inherently deceptive.
ROBERT J. L. MOORE, J.D. [email_address] An ad that targets kids exploits their undeveloped minds. Accordingly, these ads are likely to mislead a reasonable member of their target demographic. Ads to kids are inherently deceptive.
ROBERT J. L. MOORE, J.D. [email_address] Constitutional protection for ads was established to protect consumers, not advertisers. Branding is not constitutionally protected
ROBERT J. L. MOORE, J.D. [email_address] Municipalities should require cable providers to empower V-Chips with the ability to block advertising to children. By default, these ads should be blocked, meaning that parents should have to make the affirmative decision to allow them. Want to reduce childrens exposure to ads and thereby combat the childhood obesity epidemic?
Robert J. L. Moore, J.D. Cetrulo & Capone LLP 2 Seaport Lane, Boston, MA 02210 [email_address]

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APHA 2010, Denver, CO

  • 1. BLOCK THE INSANITY LEVERAGING MUNICIPAL CABLE FRANCHISING POWERS TO BATTLE CHILDHOOD OBESITY ROBERT J. L. MOORE, J.D. [email_address] AMERICAN PUBLIC HEALTH ASSOCIATION ANNUAL MEETING 2010 NOV. 9, 2010 DENVER, CO This work is licensed under the Creative Commons Attribution-NoDerivs 3.0 Unported License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nd/3.0/ or send a letter to Creative Commons, 171 Second Street, Suite 300, San Francisco, California, 94105, USA.
  • 2. ROBERT J. L. MOORE, J.D. [email_address]
  • 3. ROBERT J. L. MOORE, J.D. [email_address]
  • 4. ROBERT J. L. MOORE, J.D. [email_address] How the proposal works Cable Communications Policy Act of 1984 (CCPA), Public Law 98-549 (Oct. 30, 1984) Most states delegate franchising power to municipalities
  • 5. ROBERT J. L. MOORE, J.D. [email_address] How the proposal works Municipalities act through franchising authorities Federal law sets procedures for grant and renewal of franchising agreements
  • 6. ROBERT J. L. MOORE, J.D. [email_address] What can franchising authorities demand?
  • 7. ROBERT J. L. MOORE, J.D. [email_address] Nothing in this subchapter shall be construed as prohibiting a franchising authority and a cable operator from specifying, in a franchise or renewal thereof, that certain cable services shall not be provided or shall be provided subject to conditions, if such cable services are obscene or are otherwise unprotected by the Constitution of the United States . - 47 U.S.C. 則 544(d)(1) (emphasis added). Franchising authorities can regulate content
  • 8. ROBERT J. L. MOORE, J.D. [email_address] otherwise unprotected by the Constitution of the United States? This phrase would also permit changing constitutional interpretations to be incorporated into the standard set forth in [47 U.S.C. 則 544(d)(1)], should those judicial interpretations at some point in the future deem additional standards, such as indecency, constitutionally valid as applied to cable. -House Report on the CCPA. The types of content covered by this exception within the CCPA would expand with future U.S. Supreme Court decisions which may find that other kinds of speech are unprotected under the Constitution. -Senate Report on the CCPA.
  • 9. ROBERT J. L. MOORE, J.D. [email_address]
  • 10. ROBERT J. L. MOORE, J.D. [email_address] About V-Chips Block TV signals based on ratings Ubiquitous Not widely used
  • 11. ROBERT J. L. MOORE, J.D. [email_address] Rate commercials for target demographic Empower V-Chips to block ads to kids Default setting should be blocked The proposal
  • 12. ROBERT J. L. MOORE, J.D. [email_address] Rating ads
  • 13. ROBERT J. L. MOORE, J.D. [email_address] Scalable Proper exercise of police power Why this proposal
  • 14. ROBERT J. L. MOORE, J.D. [email_address]
  • 15. ROBERT J. L. MOORE, J.D. [email_address] Federal law does not permit franchising authorities to make this sort of demand. This proposal unconstitutionally infringes on Free Speech. Legal arguments against this proposal
  • 16. ROBERT J. L. MOORE, J.D. [email_address] But government wouldnt be restricting speech here!
  • 17. ROBERT J. L. MOORE, J.D. [email_address] Advertising to kids isnt constitutionally protected.
  • 18. ROBERT J. L. MOORE, J.D. [email_address] An ad is deceptive if it is a representation, omission or practice that is likely to mislead [a reasonable member of the advertisements target audience]. -FTC Ads to kids are inherently deceptive.
  • 19. ROBERT J. L. MOORE, J.D. [email_address] An ad that targets kids exploits their undeveloped minds. Accordingly, these ads are likely to mislead a reasonable member of their target demographic. Ads to kids are inherently deceptive.
  • 20. ROBERT J. L. MOORE, J.D. [email_address] Constitutional protection for ads was established to protect consumers, not advertisers. Branding is not constitutionally protected
  • 21. ROBERT J. L. MOORE, J.D. [email_address] Municipalities should require cable providers to empower V-Chips with the ability to block advertising to children. By default, these ads should be blocked, meaning that parents should have to make the affirmative decision to allow them. Want to reduce childrens exposure to ads and thereby combat the childhood obesity epidemic?
  • 22. Robert J. L. Moore, J.D. Cetrulo & Capone LLP 2 Seaport Lane, Boston, MA 02210 [email_address]