The "Central Hudson Test" for
Restrictions on Commercial Speech
This
frequently invoked test for analyzing commercial speech
regulations (regulations that restrict speech that proposes an economic
transaction) has recently been criticized by several justices. At
present, only four justices seem committed to using the test.
Regulations
affecting commercial speech do not violate the
First Amendment
if:
1. The regulated speech
concerns an illegal activity,
2. The regulated speech
is misleading, or
3. The government's
interest in restricting the speech is
substantial,
the regulation in question directly advances the government's interest,
and the regulation is narrowly tailored to serve the government's
interest.