Con Law

Question 1

Is commercial speech protected?

Answer 1

Only if it is lawful and not misleading, but it is not protected as much as other kinds of speech.

It may be regulated if the state shows the following: (i) a substantial government interest, (ii) the statute directly advances that interest, and (iii) the statute is narrowly tailored to that interest (which means it is a “reasonable fit”). This is considered to be “intermediate scrutiny.”

Question 2

Any law regulating speech that takes place in a public forum must be ______

Answer 2

Content neutral (which it is as it does not discriminate based on content).

Narrowly tailored
Leave open alternative channels of communication