Comment by zestyping

I do think you're on to something.

What if we took the approach of creating a clear legal distinction between advertising companies and non-advertising companies?

For example, if you want to be an advertising company, there are limits on what and how you can publish (such as having to use pull instead of push channels), and you don't get to also try to be a product or service company. If you want to be a non-advertising company, then you can't publish advertising.

This seems effective and also a much easier scenario to envision for those who find legal restrictions on speech to be unpalatable or inconceivable. It is actually not that outlandish at all; rather it's well within the bounds of what we already do. We already categorize companies by function and apply all kinds of different rules (restrictions on where and when and how they can operate, requirements for licensing and registration, environmental standards, liability standards, taxation rules) to companies based on what they produce or what purpose they serve, and we already accept that doing so has societal benefits.

There is also plenty of precedent for regulations that discourage cross-category operations precisely to simplify enforcement and manage risk. Healthcare providers are separated from payers; drugs cannot also be dietary supplements; legal businesses can't combine with non-law businesses; and so on. Even if cross-category operations aren't completely banned, the rules create friction and deterrence that still has important effects.