Editor’s Note: This blog post is a joint submission with BakerHostetler’s IP Intelligence blog.

Partner Fernando A. Bohorquez, Jr. and Associate Alan Pate today published “All Native Advertising is Not Equal — Why that Matters Under the First Amendment and Why it Should Matter to the FTC” in the Media Law Resource Center’s MLRC Bulletin: Legal Frontiers in Digital Media. The article provides a comprehensive review of the emerging and already ubiquitous digital marketing practice known as “native advertising,” the sliding scale of possible First Amendment protections for “native advertising”, and what that may mean for the FTC’s possible regulation of the practice.

The Media Law Resource Center (MLRC) is a non-profit membership association for content providers in all media, and for their defense lawyers, providing a wide range of resources on media and content law and policy issues to its members.  For information on MLRC membership, please click here. For information on subscribing to MLRC’s Bulletin, an in-depth journal on media law developments and trends, click here.

The article is available to MLRC members and subscribers to the MLRC Bulletin. The article will also be provided upon request to the authors.