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Unformatted text preview: 1. False/misleading speech/inherently deceptive a. Advertisement of illegal activities ii. ALL OTHER commercial speech is protected. Gov’t must satisfy Intermediate scrutiny. 1. First prong: Does it pass Commercial speech protections? a. Does the speech advertise false/deceptive advertising? b. If so, no protection at all. c. Does the speech advertise something illegal? 2. Second Prong: Then move to Prong for protected commercial speech: a. Is there a substantial government interest? b. Does the law directly advance the government interest? c. Whether the regulation is more extensive than is necessary? b. If Content-neutral – gets intermediate scrutiny i....
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- Spring '10
- Law, Brandenburg, Intermediate Scrutiny, constitute unprotected incitement