Commercial Speech

Commercial speech is protected if truthful and lawful, and restrictions must directly advance a substantial government interest.

Related Free Speech rules

• Free Speech: Content-Based RestrictionsContent-based speech restrictions require strict scrutiny.
• Content-Neutral RestrictionsContent-neutral time, place, and manner restrictions require intermediate scrutiny.
• Obscenity TestMaterial is obscene if it meets the Miller test: prurient interest, patently offensive, and lacking serious value.
• Incitement StandardIncitement requires advocacy of imminent lawless action likely to produce such action.
• Fighting WordsFighting words are unprotected when they are likely to provoke immediate violence.
• Forum DoctrineSpeech regulations vary by forum type: public, designated public, limited, or nonpublic.
• Prior RestraintsPrior restraints are presumptively invalid and require strong justification.
• Freedom of AssociationLaws burdening expressive association require strict scrutiny.

Part of Constitutional Law on Core Legal Rules — foundational MBE-tested principles with primary-source citations.