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1. tptace+(OP)[view] [source] 2025-04-07 01:46:39
Commercial speech is protected by the First Amendment. Regulations of commercial speech need to pass the "Central Hudson Test", which requires a compelling government interest (subject to heightened scrutiny) and narrowly-tailored regulation. Under this rubric, you can get cigarette ads off billboards, but you probably can't regulate Nike's ads.
replies(1): >>kelnos+55
2. kelnos+55[view] [source] 2025-04-07 02:30:16
>>tptace+(OP)
If SCOTUS can develop a test to determine when the government is allowed to violate 1A, then they can loosen that test's requirements. They won't, of course, but I don't see why they couldn't, if they wanted to.
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