In regards to commercial speech, restrictions may be upheld when the government demonstrates what?

• A. A substantial government interest
• B. A compelling government interest
• C. The speech is false
• D. Advertiser's rights must be balanced

Answer: (A)

In regulating commercial speech, the government must show a substantial government interest to justify the restriction. This is the first step of the Central Hudson test for commercial speech: if the speech is truthful and not misleading, the regulation is permissible only if the government has a substantial interest in regulating it, and the restriction directly advances that interest and is not more extensive than necessary. That’s why the best choice is a substantial government interest. A compelling interest is a higher standard used for more protected, noncommercial speech, not typical commercial advertising. The requirement that the speech be false isn’t what justifies broad regulatory power over truthful ads, and advertiser rights aren’t balanced in the same way as with this First Amendment area—the framework weighs government interests against the speech, starting with substantial interest.