Under the Central Hudson framework, a state regulation of commercial speech must satisfy which criterion?

Under the Central Hudson framework, a state regulation of commercial speech must satisfy which criterion?

• A. The regulation must be content-based and pass strict scrutiny.
• B. The regulation must directly advance a substantial government interest and be narrowly tailored.
• C. The regulation must be evaluated under rational basis review.
• D. The regulation must be the least restrictive means.

Answer: (D)

Central Hudson sets up a four-part test for regulating commercial speech. First, the regulation can apply only to truthful speech about a lawful activity. If that threshold is met, the government must show a substantial interest, the regulation must directly advance that interest, and it must be narrowly tailored to do so (not more extensive than necessary). The option that pairs directly advancing a substantial government interest with narrowly tailored means captures the essential two-pronged requirement of Central Hudson at once. The phrase least restrictive means isn’t the exact standard used in this framework, even though narrowing the regulation to avoid overbreadth is part of the idea. The other choices misstate the standard: strict scrutiny is for more burdensome, content-based restrictions; rational basis is far too deferential for commercial speech.

Central Hudson sets up a four-part test for regulating commercial speech. First, the regulation can apply only to truthful speech about a lawful activity. If that threshold is met, the government must show a substantial interest, the regulation must directly advance that interest, and it must be narrowly tailored to do so (not more extensive than necessary). The option that pairs directly advancing a substantial government interest with narrowly tailored means captures the essential two-pronged requirement of Central Hudson at once. The phrase least restrictive means isn’t the exact standard used in this framework, even though narrowing the regulation to avoid overbreadth is part of the idea. The other choices misstate the standard: strict scrutiny is for more burdensome, content-based restrictions; rational basis is far too deferential for commercial speech.