Asked by Naoise Kiernan on Jul 04, 2024

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Explain the Central Hudson Gas & Electric Corp.v.Public Service Commission of New York test for commercial speech and set forth your opinion as to whether the Central Hudson test should be expanded to provide additional protection for commercial speech.

Central Hudson

A legal test used by United States courts to determine the constitutionality of restrictions on commercial speech.

Commercial Speech

Speech or communication (including advertising) made by businesses that is protected under the First Amendment but can be regulated by the government.

Public Service Commission

A governmental body responsible for regulating the rates and services of public utilities.

  • Conduct a comprehensive evaluation and identify constraints on the rights to freedom of expression and legal protections against slander as outlined in the First Amendment.
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JH
Janasa Hardy-HardinJul 07, 2024
Final Answer :
Commercial speech is speech that conveys information related to the sale of goods and services.Courts analyze government restrictions on commercial speech according to the following four-part test established in Central Hudson Gas & Electric Corp.v.Public Service Commission of New York:
(1)Does the speech concern an illegal activity? Is it misleading?
(2)Is the government interest served by the restriction on commercial speech substantial?
(3)Does the regulation directly advance the government interest asserted?
(4)Is the regulation more extensive than necessary to serve the government interest?
Student opinion on whether the test should be expanded to provide additional protection for commercial speech will vary.