Commercial Speech: Central Hudson Cases
CENTRAL HUDSON G&E v P.S.C. OF NEW YORK (USSC 1980)
(State ban on promotional advertising for use of electricity by electric utilities.)
The "Central Hudson Test"
When regulating truthful advertising about lawful products or services:
POSADAS de PUERTO RICO v. TOURISM CO. OF P.R. (USSC 1986)
(Commonwealth statute prohibited casino advertising directed at residents of Puerto Rico.)
"[B]ecause the government could have enacted a wholesale prohibition of the underlying conduct...it is permissible for the government to take the less intrusive step of allowing the conduct, but reducing the demand through restrictions on advertising."
BD OF TRUSTEES OF SUNY v FOX, 109 S.Ct.3028 (1989)
College administrative. rules prohibited private commercial enterprises from operating in SUNY facilities (except for companies providing
services/supplies necessary for operation of school).
"Central Hudson require(s) only a reasonable 'fit' between the gov't's ends and the means chosen to accomplish those ends....So long as the means are narrowly tailored to achieve the desired objective, it is for governmental decisionmakers to judge what manner of regulation may be employed."
EDENFIELD V. FANE, 113 S.Ct. 1792 (U.S. 1993)
UNITED STATES v. EDGE BROADCASTING CO., 113 S. Ct. 2696; 1993 U.S. LEXIS 4402; 125 L. Ed. 2d 345; 61
U.S.L.W. 4759; 21 Media L. Rep. 1577
CINCINNATI v. DISCOVERY NETWORK, INC., 113 S. Ct. 1505; 1993 U.S. LEXIS 2401; 123 L. Ed. 2d 99; 61
U.S.L.W. 4272; 21 Media L. Rep. 1161
IBANEZ v. FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
BOARD OF ACCOUNTANCY, 114 S. Ct. 2084 (1994).
Court of Appeals decision in same case: Adolph Coors Co. v. Bentsen, 2 F3rd 355, 21 MLR 2022 ( 10th. 1993)
Liquormart 44 v. Rhode Island (1996)
United States v. Valley Broadcasting, 107 F. 3rd 1328 (9th Cir. 1997), cert denied, 118 S.Ct. 1050 (1998)
The Circuit court found that a federal ban on broadcast advertising of lotteries, gift enterprises, or other similar schemes was unconstitutional when applied to broadcast commercial for Nevada-based casinos on Nevada television stations. The government failed to prove that the ban directly advanced the state's interest under Central Hudson.
Greater New Orleans Broadcasting Assn. v. U. S. , ___ U.S. ____ (1999) FCC regulations limiting advertising about casino gambling held unconstitutional
The Fifth Circuit upheld the federal ban on broadcast advertising of lotteries, gift enterprises, or other similar schemes
Lorillard Tobacco Co. v. Reilly, 121 S.Ct. 2404(2001)
Massachusetts outdoor and point-of-sale advertising regulations relating to smokeless tobacco and cigars violate the First Amendment, but the sales practices regulations relating to all three tobacco products are constitutional.