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Advertising generic Cialis on radio

In FCC v. Pacifica [1978], the court established a general principle in favor of regulating content to protect children. This reflects a fundamental policy in almost all developed countries. That the state has a general duty to act as a default parent and, if natural parents are unable to offer the required degree of protection, the state must step in. When it comes to broadcast content, parents cannot supervise their children all the time as they watch and listen. So the state must impose regulations to protect them from exposure to more explicit material. This duty was given to the FCC and it can fine or suspend the license of any broadcaster who breaks the regulations.

The due process provisions of the US Constitution require official bodies such as the FCC to act fairly in drawing up regulations and enforcing them. If the state body acts arbitrarily, this is a breach of due process and the enforcement is unconstitutional. This is a real problem for the FCC because, courtesy of the First Amendment, the broadcasters have a more general right to say what they want. The only real limits come when the broadcaster more obviously strays into obscenity. Everything else, including indecency, is difficult to define, particularly if there's to be a different standard depending on whether the audience is likely to include children. In FCC v. Fox Television Stations [2012], the Supreme Court was asked to overrule the Pacifica rule. Sadly, it refused to do so. What it actually did was to hold many of the FCC's current regulations unconstitutional and so unenforceable. So, for example, all the fleeting uses of unfortunate words in live broadcasts will now go unpunished.

Like many recent Supreme Court decisions, the final ruling is a little cowardly because, instead of boldly laying down principles for the courts to follow in future, it sent the case back down to the lower courts for rehearing. This plays a rather silly game. The Supreme Court sends it down. The lower courts try again. The case goes back to the Supreme Court which says, "not good enough, try again" but without saying precisely what the lower courts should do to avoid this becoming an endless rally in tennis or one of the other ball games. This is particularly important for the marketers who script their ads. Nothing fleeting about these words. So when the FDA requires the use of words in erectile dysfunction drugs, this creates a dilemma. Some of these words might be considered indecent under the Pacifica rule about children. You can't talk about branded or generic Cialis without mentioning erections. Indeed, a reference to priapism is required by the FDA — that's an erection that will not deflate and grows increasingly painful. Children (and some adults) might be alarmed by that. So when you hear radio ads for the branded or generic Cialis, take pity on the marketers and broadcasters who risk fines to bring them to you.

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Generic Cialis and the medical profession's ethical problems »

Generic Cialis and the other erectile dysfunction drugs are marketed using bribery. Doctors are on the take to recommend the branded drugs and suppress mention of generic Cialis

Generic Cialis has relied on a lot of research to reach the market »

Generic Cialis was developed against the clock using high-powered research. How was the research for generic Cialis funded and what implications does that have?

Advertising generic Cialis on radio »

Generic Cialis itself is not currently advertised on American radio but the branded erectile dysfunction drugs are. So far, the FCC has not taken action against the branded or generic Cialis ads.

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Generic Cialis can only be sold by talking about sex »

Generic Cialis can only be sold by discussing the private and intimate lives we live. Many find this uncomfortably embarrassing. But generic Cialis would be redundant without some sex.

Generic Cialis is sold online by internet pharmacies »

Generic Cialis is sold online by internet pharmacies but organizations like the National Association of Boards of Pharmacy sell scare stories to stop you buying generic Cialis online.

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