CURRENT PROPOSALS FOR MEDIA ACCOUNTABILITY IN LIGHT OF THE FIRST AMENDMENT.

Given the development of the relevant case law in the last half-century, culminating in the case against Lorillard Tobacco Co., it is extremely likely that the U.S. Supreme Court would invalidate statutes that seek to ban advertising of R-rated movies, explicit music videos, or video games on the grounds that children may be in the audience. However, the fact that the First Amendment restricts government does not mean that government can do nothing. Government officials can lead by example. Public office provides a bully pulpit and if officials believe that marketing is so effective, they can urge people not to attend R-rated movies, purchase explicit music, or buy M-rated video games.