#COMMERCIAL SPEECH CENTRAL HUDSON TEST QUIZLET FREE#
(1976), the Supreme Court extended First Amendment free speech protection to commercial speech. Shortly thereafter in Virginia State Board of Pharmacy v.
Blackmun observed, “The existence of commercial activity, in itself, is no justification for narrowing the protection of expression secured by the First Amendment.” Virginia (1975), the Supreme Court ruled that an individual had the right to advertise in Virginia the availability of abortion services in New York although the procedures were at the time illegal in Virginia. Supreme Court cases extending First Amendment to commercial speech Beginning in the 1970s, however, the Supreme Court gradually recognized this type of speech as deserving some First Amendment protection. This category of expression, which includes commercial advertising, promises, and solicitations, had been subject to significant regulation to protect consumers and prevent fraud. Chrestensen (1942), had historically not been viewed as protected under the First Amendment. (Photo of a 1955 alcohol ad via Flickr by Smabs Sputzer, CC BY 2.0)Ĭommercial speech is a form of protected communication under the First Amendment, but it does not receive as much free speech protection as forms of noncommercial speech, such as political speech.Ĭommercial speech, as the Supreme Court iterated in Valentine v. In 1996, for example, the Supreme Court used a four-pronged test that considered the government's interest in limiting price information in alcohol advertisements and ultimately struck down the law. How far a state can go in regulating alcohol advertisements is an example of the questions that have been raised in determining protection for commercial speech under the First Amendment.
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