Orange County has received no rainfall in three months. Orange County may implement a water conservation plan prohibiting the use of water for any non-essential domestic purpose and ban encouragement of such non-essential uses for domestic purposes.

Question

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Under the Central Hudson test, this regulation is impermissible. Advertisements encouraging the use of water (i.e. advertising admission prices to a water park) are protected commercial speech. The county has a substantial interest in conserving water during times of drought. The proposed regulation would certainly directly advance the interest in conserving water. The regulation will likely fail because it is not narrowly tailored to achieve the substantial interest in water conservation. The plan is so broad that water parks could be put out of business by a total restriction on advertising and use of the parks.

Orange County Has Received No Rainfall in Three Months