Slate mailers are part of the biennial political process in California. Forprofit enterprises that endorse candidates and issues for a price are big business in California. Despite regulations requiring that slate mailer organizations comply with extensive disclosure measures, many mailers remain deceptive. This note describes the deceptive practices of some slate mailers, discusses current regulation of the business, and analyzes the constitutional implications of regulating protected speech. The author argues that, despite the highly protected nature of political speech, the regulations will survive constitutional challenges, and with minor changes, will provide a model for other states.
Regulating Slate Mailers: Consumer Protection or First Amendment Infringement,
14 Hastings Comm. & Ent.L.J. 567
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol14/iss4/3