![]() The Court applied this four-part Central Hudson test to 44 Liquormart. If the regulation is tailored narrowly to secure the interest, then the regulation of the commercial speech will be upheld. If both questions are answered affirmatively, the court must determine whether the regulation directly advances the government interest asserted and whether it is more extensive than is necessary to serve that interest. If it is neither, then the court must ask whether the asserted government interest is substantial. Public Service Commission (1980) proposed a four-part test to determine when regulation of commercial speech is permitted.įirst, a court must decide whether the expression is fraudulent or illegal. It ruled that speakers and advertisers have a right to speak and that listeners and consumers have a right to hear or receive information.įour years later, the Court in Central Hudson Gas and Electric Corp. (1976), however, the Court began extending First Amendment protection to commercial speech. With its ruling in Virginia State Board of Pharmacy v. Court expands First Amendment protection for commercial speech Commercial speech has been viewed as of lesser importance and subject to numerous restrictions in order to prevent fraud. The Court has historically extended less protection to commercial speech than to political speech. ![]() The decision continued the Court’s move toward providing commercial speech First Amendment protection, unless such communication is fraudulent or illegal. 484 (1996), the Supreme Court struck down, as a violation of the First Amendment’s free speech clause, a state law prohibiting the advertising of alcohol prices. (AP Photo/Morry Gash, used with permission from The Associated Press.) The Supreme Court in 1996 overturned a Rhode Island law that prohibited advertising liquor prices, saying that under the First Amendment, consumers had a right to receive truthful product information and such commercial speech was protected speech. ![]()
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