Making Company Statements

Dov Charney, the founder and president of Los Angeles–based T-shirt manufacturer American Apparel, is not afraid to speak his mind—or voice his opinions about social responsibility in his print advertisements (including those seen in California Apparel News).

The T-shirt maker has worn its corporate philosophies on its sleeve with ads that promote American Apparel facilities as “sweatshop-free” working environments. Occasionally, Charney will insert some of his offbeat humor into the company’s advertisements.

California Apparel News Manufacturing Editor Claudia Figueroa recently discussed with Charney his philosophies on freedom of speech, commercial speech and advertising.

Do you consider your advertisements free speech or commercial speech?

Both. American Apparel expresses heavy ideas in our garment advertisements. As far as I’m concerned, the First Amendment should protect all speech. I’ve always felt that commercial speech should be protected. Commerce is part of free society, and to treat it otherwise is ludicrous. If there is doubt in a statement that a company makes, then we have the right to examine it. If a company makes a false statement, then it should suffer damages. I think the courts should come up with some kind of test to determine [and balance] free-speech rights of corporations and the consumer’s right to receive accurate information.

American Apparel’s advertising makes some pretty clear statements about its commitment to “pioneering industry standards of social responsibility in the workplace.” Do you ever feel pressure to change the language in your advertisements in order to substantiate those kinds of statements?

We think about it, and we make sure it’s genuine. That’s critical.

Some industry observers say your advertising pushes the envelope—for example, the ad with the girl who is wearing a bra top and boy shorts and holding a pig mask. On the photo, it reads: “Everything we do at American Apparel is Kosher.”

We’re not worried about that either. It’s clearly satirical. When you’re talking about facts and labor conditions, there’s no satire in it. That ad is an implied joke because the girl has a pig mask on. If a company claims its employees’ working conditions are decent and they’re really not, then that’s pretty serious.