Under the First Amendment, commercial speech is:
A) subject to intermediate scrutiny unlike political speech.
B) completely suppressed regardless of it being misleading or truthful.
C) subject to strict scrutiny just like political speech.
D) completely unregulated unless it is put in writing.

Question

Quizplus · Accepted Answer

Commercial speech under the First Amendment is subject to intermediate scrutiny that falls between strict scrutiny and rational basis analysis. This requires the government to establish that it has a substantial interest (something less than a compelling interest) and that it is directly advancing that interest in a manner no more extensive than necessary to serve that interest.

Under the First Amendment, Commercial Speech Is