Diagrams (Central Hudson Test included)
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The document discusses two examples in the context of the Central Hudson test for determining protected commercial speech. The first example involves an ad for selling essays, which is considered an illegal service and therefore fails step one. The second example involves an ad for a tutoring service, which is a related school service and passes step one, allowing it to move to step two about narrowly tailored regulations. Both examples relate to a regulation against ads in the front of classrooms at VCU.
Diagrams (Central Hudson Test included)
- 1. Hierarchy of Protected Speech (Review from Test#1)<br /> <br />Steps of the Central Hudson Test<br />ConclusionThis example is done because the regulation does not allow ads in the front of the classroom. It is narrowly tailored to just one part of the room but the regulation excludes the back, sides, ceilings of the room, etc.Step #2The ad isnt misleading. However, it is against regulation because its in the front of the classroom. Example # 1This ad is considered false/unfair/deceptive because its technically an illegal service. So, what happens to the rest of the Central Hudson Test? It can be skipped.Yield to Example #2Example # 2This ad is not considered false/unfair/deceptive because its offering a related school service. So, this example can move to Step #2. Step # 1Is the ad false/unfair/deceptive?Example # 2Say VCU has a regulation against putting advertisements at the front of classrooms. There is an ad for a tutoring service. Example # 1Say VCU has a regulation against putting advertisements at the front of classrooms. There is an ad for selling essays in the front of a Temple classroom. <br />