Insights: Publications KTS Advertising Law Guides | Social Media Engagement: Top 10 Legal Issues and Risk Mitigation Strategies

While individuals can interact with celebrities, brands, and anyone else on social media with impunity and little legal risk, companies may not. Companies and the brands they manage occupy a different space because companies sell things, and therefore benefit from a lower standard of protection under the First Amendment. While individuals, as well as media companies in most instances, benefit from the highest level of First Amendment protection, companies only benefit from the lower level protection afforded to “commercial” speech.
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