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.
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