What is the test for First Amendment protection for commercial advertising?

MultiRegion, United States of America

The following excerpt is from Association of Nat. Advertisers, Inc. v. Lungren, 44 F.3d 726 (9th Cir. 1994):

This ruling was correct. The following four factors govern whether commercial speech enjoys the protection of the First Amendment: (i) whether the speech restricted is devoid of "intrinsic meaning", Friedman v. Rogers, 440 U.S. 1, 12, 99 S.Ct. 887, 895, 59 L.Ed.2d 100 (1978); (ii) the "possibilities for deception", id. at 13; (iii) whether "experience has proved that in fact such advertising is subject to abuse," In re R.M.J., 455 U.S. 191, 203, 102 S.Ct. 929, 937, 71 L.Ed.2d 64 (1982); (iv) the "ability of the intended audience to evaluate the claims made." Id.

Other Questions


Can an alien be denied First Amendment First Amendment protections? (MultiRegion, United States of America)
What are the implications of the First Amendment for First Amendment rights of an inmate who is seeking to file a grievance in a federal court? (MultiRegion, United States of America)
When assessing a First Amendment challenge to an ordinance that prohibits same-sex marriage, does the court also have to consider the meaning of the First Amendment? (MultiRegion, United States of America)
Is public employee speech protected from retaliation under the First Amendment? (MultiRegion, United States of America)
Is a business owner's private commercial property entitled to Fourth Amendment protections? ("New York", United States of America)
What is the test for First Amendment protection in the context of judicial review? (MultiRegion, United States of America)
Can a motion for leave to file a further amended complaint, accompanied by affidavits, be considered a first amendment? (MultiRegion, United States of America)
Is a public official entitled to make a statement that is not protected by the First Amendment? (MultiRegion, United States of America)
When will the First Amendment protect speech by a government employee? (MultiRegion, United States of America)
Does a plaintiff have an interest protected by the First Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.