Editing Constitutional Law Chemerinsky/Outline II
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#Does the speech advertise for illegal activities or constitute false/misleading advertising? – If yes, the speech is not protected. | #Does the speech advertise for illegal activities or constitute false/misleading advertising? – If yes, the speech is not protected. | ||
#Is the government’s restriction based on a substantial governmental interest? – if yes, go to step 3. | #Is the government’s restriction based on a substantial governmental interest? – if yes, go to step 3.</span> | ||
#Does the law directly advance the government’s interest? – If yes, go to step 4. | #Does the law directly advance the government’s interest? – If yes, go to step 4.</span></div> | ||
#Is the regulation of speech no more extensive than necessary to achieve the government’s interest? If yes to #2-4, the law is probably constitutional. | #Is the regulation of speech no more extensive than necessary to achieve the government’s interest? If yes to #2-4, the law is probably constitutional. </span></div> | ||
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In recent court decisions, the court has modified part 4 of the analysis, by shifting away from the no more extensive than necessary to achieve the government’s interest. The law no longer needs to be the “least restrictive” means, but rather must be narrowly tailored to achieve the substantial governmental interest. | In recent court decisions, the court has modified part 4 of the analysis, by shifting away from the no more extensive than necessary to achieve the government’s interest. The law no longer needs to be the “least restrictive” means, but rather must be narrowly tailored to achieve the substantial governmental interest. | ||
=== '''Restriction on Trade Names''' === | === '''Restriction on Trade Names''' === | ||
