Crime and Legal

Advertise Here: The New Supreme Court Business Model

In a landmark decision that has legal scholars and brand managers alike perusing the Constitution for mentions of “synergy” and “brand activations,” the Supreme Court has decided, in a razor-thin 5-4 vote held at the witching hour, to allow full-blown advertising and corporate sponsorships within the hallowed, marbled halls of America’s highest court. This week, the court is brought to you by—wait for it—an iconic American auto brand, which will proudly display a banner for its latest EV pickup truck. After all, what screams “justice” louder than a vehicle with the towing capacity to drag the Bill of Rights through the mud?

This groundbreaking move was justified by the majority opinion, written by the Chief Justice himself, which creatively interpreted the First Amendment as not only a protection of free speech but also as a full-throated endorsement of commercial speech. “The Founding Fathers,” the Chief writes, “surely intended for ‘We the People’ to include corporate entities with deep pockets and aggressive marketing strategies. What’s more democratic than letting money talk, right?”

The dissenting opinion, which was filed just minutes before the sponsorship banners were unfurled, lamented the “commercialization of the court’s dignity.” But who needs dignity when you have dazzling, neon-lit endorsements bringing a festive Vegas vibe to the otherwise somber proceedings?

Imagine the scene as this week’s cases are heard: attorneys, robed in solemn black, now have NASCAR-like patches emblazoned with logos of soft drinks, tech companies, and, I kid you not, a fast-food chain known for its addictive fries. As justices debate the nuances of the law, their backdrop is no longer just the American flag but also a splendid, eye-catching banner that proclaims, “Built Tough—Like American Justice.”

The possibilities are as endless as they are horrifying. Picture major constitutional decisions sponsored by tech giants: “This privacy rights decision is brought to you by—Who else?—Your favorite smartphone brand.” Or perhaps a contentious healthcare case decided with a backdrop of pharmaceutical logos, because nothing says “We care about your health” like a company that charges $300 for a bottle of pills that cost a nickel to produce.

This week, as a hotly debated environmental case is brought before the court, the irony is not lost on those in attendance. The sight of a gas-guzzling truck banner overseeing a discussion on carbon emissions is almost too on the nose. One can only hope future sponsors are more thematically appropriate—or perhaps that’s asking too much from a court that now measures justice in terms of impressions and click-through rates.

As the court adjourns, the American public is left to ponder the new age of jurisprudence, where the scales of justice are increasingly tipped by those who can afford the heaviest ad buys. Legal experts, meanwhile, are busy amending their textbooks with chapters like “Advertising Law and Its Impact on Precedent” and “The Jurisprudence of Product Placement.”

In the grand courtroom of the Supreme Court, where once the only banners were those of the states and the nation, we now prepare for a future where the most significant question before the court may very well be, “Can I get a discount with that justice?”

Joe Ditzel

Joe Ditzel is a keynote speaker, humor writer, and really bad golfer. You can reach him via email at [email protected] as well as Twitter, Facebook, Google+ and LinkedIn.