Foreword
The First Amendment ensures Americans’ freedom of speech. For over 50 years, however, the courts have held that advertising — commercial speech — should receive lesser protection than other forms of expression, such as political speech.This lower level of protection was defined in Central Hudson Gas & Electric Corp. v. Public Service Commission of New York (1980) through a four-prong test. A measure passes constitutional muster if it concerns lawful advertising, affects a substantial government interest, directly advances that interest, and isn’t excessive. Some Supreme Court justices have expressed dissatisfaction with Central Hudson and its lesser scrutiny. In Lorillard Tobacco…
