FIRST AMENDMENT

Question 1

Commercial Speech: Threshold Test

Answer 1

‘Lawful’ ‘Commercial’ speech that is ‘not fraudulent or misleading’ has limited protections under the 1st A.

[one paragraph] discuss the terms first: EX. X is a commercial product because ______. Unlike [something illegal], X is legal so long as ____________. X’s product labeling doesn’t include _________, which would make it fraudulent or misleading. As such, X is commercial speech that is lawful and not fraudulent or misleading.

Question 2

Elements of Commercial Speech

Answer 2

A law regulating commercial speech must (a) serve a substantial government purpose, (b) directly advance that interest, and (c) be narrowly tailored to meet that interest.

The burden is on the government to show that it meets the 3-part commercial speech test if it wants to regulate the commercial product.