Whether the regulation "directly advances" that government interest and. Whether the government interest asserted to justify the regulation is "substantial". Whether the commercial speech concerns a lawful activity and is not misleading. Specifically, under the Central Hudson test, a court must determine: Public Service Commission of New York, 447 U.S. In assessing restrictions on communications that propose a commercial transaction, the Court applies a balancing test that weighs the competing interests of commercial speakers and government regulators. The lack of clarity about the rights of advertisers has also encouraged bureaucrats and politicians to attack the commercial speech of politically unpopular interests – most dramatically tobacco. The Court’s balancing test has produced inconsistent results and sowed confusion in the lower courts. This case set forth a new four-part test to be applied where there are challenges to commercial speech regulations.The Supreme Court’s current approach to commercial speech exemplifies the perils of balancing tests, particularly when the right to communicate is at stake. Therefore, there is no need to decide whether the four-part test is appropriate.ĭiscussion. However, the Supreme Court’s four-part test is not appropriate. The level of intermediate scrutiny is appropriate for restraints on commercial speech. This ban on advertising is permissible state regulation of an economic activity.Ĭoncurrence. Speech of a state-created monopoly is not protected by the First Amendment of the Constitution. Therefore, the Appellee ban prohibiting electrical utilities from engaging in promotional advertising is more extensive than necĮssary to further the state’s interest in energy conservation.ĭissent. In an absence of a showing that more limited speech regulation would be ineffective, the complete suppression of Appellant’s advertising cannot be approved. The Appellee also has not demonstrated that its interest in energy conservation cannot be protected adequately by more restrictive regulations of Appellant’s commercial expression. The Appellee’s order prevents the Appellant, Central Hudson Gas (Appellant), from promoting heat services that would reduce energy by diverting demand from less efficient sources. There is an immediate connection between advertising and the demand for electricity. Moreover, the state’s interest in energy conservation is directly advanced by the order at issue. Here there is a substantial state interest in conserving energy. The Appellee’s order restricts only commercial speech. Whether the Appellee ban prohibiting electrical utilities from engaging in promotional advertising is more extensive than necessary to further the state’s interest in energy conservation? The Appellee permitted “institutional and informational” advertising not intended to promote sales. The Appellee, New York Public Service Commission (Appellee), prohibited electrical utilities from engaging in promotional advertising designed to stimulate demand for electricity. 
Seattle School District Parents of unadmitted students (P) v. Parents involved in Community Schools v.Virginia Citizens Consumer Council 425 U.S. Freedom Of Speech-Why Government Restricts Speech-Unprotected And Less Protected Expression
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