Set Forth the Central Hudson Test for Commercial Speech and Discuss

question 21

Essay

Set forth the Central Hudson Test for Commercial Speech and discuss whether or not you believe the test should be broadened to provide additional protection for commercial speech with reasons in support.
The test has four prongs as follows:
(1) Does the speech concern an illegal activity? Is it misleading?
(2) Is the government interest served by the restriction on commercial speech substantial?
(3) Does the regulation directly advance the government interest asserted?
(4) Is the regulation more extensive than necessary to serve the government interest?

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Definitions:

Strict Liability

A legal doctrine that holds individuals or entities liable for damages and harm caused by their actions, regardless of fault or intention.

Comment (m)

Written or spoken remarks expressing an opinion or reaction to something.

Section 402A

Refers to a specific provision within the Restatement (Second) of Torts that deals with the liability of manufacturers and sellers for harm caused by defective products.

Fitness for a Particular Purpose

A warranty that a product will meet the specific needs or criteria outlined by the buyer at the time of purchase.