Central Hudson Commercial Speech Test

Study Notes

Central Hudson Test Overview

A judicial framework designed to evaluate restrictions on commercial speech.
Established in the Supreme Court case Central Hudson Gas & Electric Corp. v. Public Service Commission.

Four-Part Test Breakdown

Part One:
- Inquiry into whether the speech promotes illegal activities or is false/misleading.
- If affirmative, regulation is constitutional; if negative, the next parts of the test must be addressed.
Part Two:
- Assessment of whether the government has a substantial interest in regulating the speech.
- Government must provide proof of this substantial interest as part of the burden of proof.
Part Three:
- Evaluation of whether the government's method of regulation effectively serves to achieve its substantial interest.
- Examines the direct connection between the regulation and the intended goal.
Part Four:
- Must determine if the regulation is "narrowly tailored" to only extend as far as necessary to promote the substantial interest.
- Ensures that regulations do not exceed what is essential for the government's goal.

Case Context

The case involves Central Hudson Gas & Electric Co. challenging a ban imposed by the Public Service Commission on advertising.
Central Hudson claimed the ban infringed on its First Amendment rights regarding free speech.
While lower courts supported the PSC's ban, Central Hudson pursued an appeal to the Supreme Court to contest the regulation.

Description

This quiz focuses on the Central Hudson Test, a four-part evaluation used by courts to assess restrictions on commercial speech. Each part of the test is examined to understand its significance in determining regulatory measures.