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Obscenity regulation of commercial speech is subject to the same scrutiny as any other government regulation of commercial speech under the Amendment.

Question

Obscenity regulation of commercial speech is subject to the same scrutiny as any other government regulation of commercial speech under the ___ Amendment.

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Solution

The obscenity regulation of commercial speech in the United States is subject to the same scrutiny as any other government regulation of commercial speech under the First Amendment. The First Amendment protects freedom of speech, which includes commercial speech, but with certain restrictions.

Commercial speech is typically defined as speech that proposes a commercial transaction, and while it is protected under the First Amendment, it is granted less protection than other forms of speech (like political speech). The Supreme Court has established that the regulation of commercial speech must meet a four-part test, often referred to as the Central Hudson test:

  1. The speech must be about lawful activity and not misleading.
  2. The government interest in regulating the speech must be substantial.
  3. The regulation must directly advance that government interest.
  4. The regulation must not be more extensive than necessary to serve that interest.

Therefore, when it comes to obscenity in commercial speech, regulations must align with this overarching framework of First Amendment protections and scrutiny.

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