MBE Rules · Constitutional Law
1A — commercial speech
Central Hudson
The rule
Commercial speech (proposing commercial transaction) protected if lawful and non-misleading. Regulation survives if (1) government interest is substantial, (2) regulation directly advances that interest, AND (3) regulation is not more extensive than necessary.
In plain English
Commercial speech, like ads, is protected unless it's misleading or about something illegal. The government can regulate it if they have a strong reason, it directly helps that reason, and isn't too broad.
Worked example
A state bans ads for a legal but unhealthy snack to combat obesity. The court finds the ban valid because it directly addresses public health and isn't broader than needed, as it targets only ads, not the product itself.
Memory hook
Commercial Speech: Sell, but not deceive. Protected if legal and truthful; regulated if it serves a big purpose and fits the goal.
The trap
Students think: Any commercial speech is fully protected. Wrong, because it must first be lawful and non-misleading. The actual test is the Central Hudson four-part test.
How examiners test it
The MBE loves: an ad for a legal product with slight exaggerations. Trap: Assuming all ads are protected. Focus on whether the ad is misleading or the regulation is overly broad.
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