MC 4163 - FINAL EXAM STUDY GUIDE:
Central Hudson Test
From your readings, know the four-part Central Hudson test as described in Mass Communication Law in Oklahoma, not the description in Pember. Be able to correctly recognize and apply it in hypothetical situations.
Is it a violation of the First Amendment for a newspaper or television station to refuse to carry an advertisement? Why?
- What must the government do under the second, third and fourth prongs to convince the court that the regulation is constitutional?
- What are commonly accepted as substantial interests?
- If the government can achieve its interests in a manner that does not restrict commercial speech, or that restricts less speech, must it do so?
- Does the USSC seem to have abandoned the "reasonable fit" test and returned to the "least restrictive means possible" requirement under the fourth prong? (see footnotes in Mass Communication Law in Oklahoma)
- How is the Central Hudson test strengthened by returning to its original requirement? (see footnotes in Mass Communication Law in Oklahoma)
- How have the prongs been applied (including the corresponding reasoning) in specific cases?
- Rubin v. Coors
- 44 Liquormart
- Greater New Orleans
- Thompson v. Western States Medical Center
- Pitt News v. Pappert
- In Thompson, what did Justice Sandra Day O'Conner say about the meaning of the First Amendment?
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