One of the biggest misconceptions among public health advocates and policymakers alike is that the free speech clause of the First Amendment is an insurmountable barrier to regulating harmful marketing practices. This talking point is regularly deployed by the food industry to scare government officials. While it’s true the Constitution protects advertising to some extent, it does not give corporations free reign to market anything, anywhere, anytime.
Eat Drink Politics can help you navigate the legal landscape of the First Amendment to propose viable policy solutions. Numerous options exist, especially at the local level, to restrict junk food marketing.