#1
Which amendment to the U.S. Constitution protects commercial speech?
First Amendment
ExplanationCommercial speech is protected under the freedom of speech guaranteed by the First Amendment.
#2
Which of the following is NOT considered a form of commercial speech?
Political speech
ExplanationPolitical speech is not commercial in nature and is therefore not classified as commercial speech.
#3
What is the 'Central Hudson' test used for in commercial speech cases?
To determine the legality of regulations restricting commercial speech
ExplanationThe 'Central Hudson' test is a legal framework used to evaluate the constitutionality of regulations that restrict commercial speech.
#4
Which court case established the 'Central Hudson' test for evaluating commercial speech restrictions?
Central Hudson Gas & Electric Corp. v. Public Service Commission
ExplanationThe 'Central Hudson' test was established by the Supreme Court case Central Hudson Gas & Electric Corp. v. Public Service Commission.
#5
Which landmark Supreme Court case established the principle that commercial speech is protected under the First Amendment?
Virginia State Pharmacy Board v. Virginia Citizens Consumer Council
ExplanationThe Supreme Court case Virginia State Pharmacy Board v. Virginia Citizens Consumer Council established that commercial speech is protected under the First Amendment.
#6
Which type of commercial speech regulation typically receives the highest level of scrutiny from courts?
Regulations targeting false or misleading advertising
ExplanationRegulations aiming at false or misleading advertising usually receive strict scrutiny, the highest level of judicial review.
#7
Which test is used by courts to determine whether a government regulation of commercial speech is constitutional?
Central Hudson test
ExplanationCourts use the 'Central Hudson' test to assess the constitutionality of government regulations on commercial speech.
#8
Which of the following statements about commercial speech is true?
Commercial speech is subject to less stringent scrutiny than political speech.
ExplanationCommercial speech typically faces less stringent scrutiny compared to political speech under the First Amendment.
#9
In the context of commercial speech, what does the term 'deceptive advertising' refer to?
Advertising that is intentionally misleading or untrue
ExplanationDeceptive advertising involves intentionally misleading or false statements in advertisements.
#10
What standard of review is applied to restrictions on commercial speech that concerns lawful activity and is not misleading?
Intermediate scrutiny
ExplanationRestrictions on commercial speech concerning lawful activities and not misleading are typically subject to intermediate scrutiny by courts.
#11
What is the primary rationale behind the protection of commercial speech under the First Amendment?
To ensure a fair marketplace
ExplanationThe protection of commercial speech under the First Amendment aims to maintain a fair marketplace by allowing consumers access to information.
#12
In the context of commercial speech, what does the term 'incidental restriction' refer to?
Restrictions on speech that are imposed without targeting the content of the speech
ExplanationIncidental restrictions on commercial speech are limitations imposed without specifically targeting the speech's content.
#13
What is the 'Zauderer' test primarily concerned with in the context of commercial speech?
Assessing the constitutionality of compelled commercial speech
ExplanationThe 'Zauderer' test focuses on evaluating the constitutionality of government-compelled commercial speech.
#14
What does the 'no reasonable alternative' requirement refer to in the context of commercial speech regulations?
The government must prove that the regulated speech has no reasonable alternative channels
ExplanationIn commercial speech regulations, the 'no reasonable alternative' requirement necessitates the government to demonstrate that there are no reasonable alternative means for the speech.