In 1955, the FCC issued a statement that subliminal marketing was a cause of public concern and that broadcasters should approach the technique cautiously. In 1974 the FCC issued Public Notice FCC 74-78, and an Information Bulletin called "Subliminal Projection," following much investigation into the topic. Public Service Commission of New York in 1979, the Supreme Court ruled that in order for marketing speech to be protected by the First Amendment, it must not be misleading. Instead, it is the country's advertising and broadcasting regulatory agencies that deal with the topic and its impact on the public. The closest it gets are sections 5 and 12 of the Federal Trade Commission Act. As a result, a state that is more concerned with farm co-ops, churches, fraternal organizations and public charities may have a less useful non-profit statute than one that contemplates the needs of business-oriented organizations as well. He also ruled that subliminal messaging was not used in that particular case because, to date, no one had proven that subliminal messages could actually move someone to act against his will. The Federal Communications Commission will revoke the broadcast license of any company that uses subliminal marketing in its broadcast.

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