[20010727]RS20977_媒体营销责任法案：第一修正案分析.pdf

1 We analyze only Title I of the bill, as Title II would merely direct the FTC to conduct a study andto submit reports to Congress and to the public.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS20977July 27, 2001Media Marketing Accountability Act: FirstAmendment Analysisname redactedLegislative AttorneyAmerican Law DivisionSummaryThe Media Marketing Accountability Act of 2001, S. 792 and H.R. 2246, 107thCongress, would “prohibit the targeted marketing to minors of adult-rated media.” Thisreport considers whether it would violate the First Amendments guarantee of freedomof speech.1Section 101(a) of the bill would make “targeted advertising or other marketing tominors of an adult-rated motion picture, music recording, or electronic game” a violationof section 5 of the Federal Trade Commission Act, 15 U.S.C. 45. Section 101(b) wouldin effect define “targeted advertising or other marketing to minors” as advertising or othermarketing that “is intentionally directed to minors; or . . . is presented to an audience ofwhich a substantial proportion is minors; or . . . the Commission determines . . . isotherwise directe