FTC Chairman Andrew Ferguson expressed concerns at a conference regarding the serious risks associated with advertiser boycotts, especially in relation to the free exchange of ideas. He highlighted that if advertisers collude to exclude certain individuals or ideas, it may amount to illegal concerted refusals to deal under antitrust laws. However, the legal landscape is complicated by First Amendment protections, which blur the lines between economic boycotts and free speech activities. The FTC continues to evaluate the implications of these practices, especially in the current advertising ecosystem.
The risk of an advertiser boycott is a pretty serious risk to the free exchange of ideas. If advertisers agree not to place ads next to certain ideas, that may constitute illegal concerted refusal to deal.
When a boycott ceases to be economic and becomes purely First Amendment activity, courts have not been clear. It's a 'we know it when we see it' situation.
Collection
[
|
...
]