Greater New Orleans Broadcasting Assn., Inc. v. United States
Greater New Orleans Broadcasting Assn., Inc. v. United States
Opinion of the Court
delivered the opinion of the Court.
Federal law prohibits some, but by no means all, broadcast advertising of lotteries and casino gambling. In United States v. Edge Broadcasting Co., 509 U. S. 418 (1993), we upheld the constitutionality of 18 U. S. C. § 1304 as applied to broadcast advertising of Virginia’s lottery by a radio station located in North Carolina, where no such lottery was authorized. Today we hold that § 1304 may not be applied to advertisements of private casino gambling that are broadcast by radio or television stations located in Louisiana, where such gambling is legal.
I
Through most of the 19th and the first half of the 20th centuries, Congress adhered to a policy that not only discouraged the operation of lotteries and similar schemes, but forbade the dissemination of information concerning such enterprises by use of the mails, even when the lottery in question was chartered by a state legislature.
Congress extended its restrictions on lottery-related information to broadcasting as communications technology made that practice both possible and profitable. It enacted the statute at issue in this ease as §316 of the Communications Act of 1934, 48 Stat. 1088. Now codified at 18 U. S. C. § 1304 (“Broadcasting lottery information”), the statute prohibits radio and television broadcasting, by any station for which a license is required, of
“any advertisement of or information concerning any lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes drawn or awarded by means of any such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes.”
The statute provides that each day’s prohibited broadcasting constitutes a separate offense punishable by a fine, imprisonment for not more than one year, or both. Ibid. Although § 1304 is a criminal statute, the Solicitor General informs us that, in practice, the provision traditionally has been enforced by the Federal Communications Commission (FCC), which imposes administrative sanctions on radio and telé-vision licensees for violations of the agency’s implementing regulation. See 47 CFR § 73.1211 (1998); Brief for Respondents 3. Petitioners now concede that the broadcast ban in § 1304 and the FCC’s regulation encompasses advertising for privately owned casinos — a concession supported by the broad language of the statute, our precedent, and the
During the second half of this century, Congress dramatically narrowed the scope of the broadcast prohibition in § 1304. The first inroad was minor: In 1950, certain not-for-profit fishing contests were exempted as “innocent pastimes ... far removed from the reprehensible type of gambling activity which it was paramount in the congressional mind to forbid.” S. Rep. No. 2243, 81st Cong., 2d Sess., 2 (1950); see Act of Aug. 16, 1950, ch. 722, 64 Stat. 451, 18 U.S.C. § 1305.
Subsequent exemptions were more substantial. Responding to the growing popularity of state-run lotteries, in 1975 Congress enacted the provision that gave rise to our decision in Edge. 509 U. S., at 422-423; Act of Jan. 2, 1975, 88 Stat. 1916, 18 U.S.C. §1307; see also § 1953(b)(4). With subsequent modifications, that amendment now exempts advertisements of state-conducted lotteries from the nationwide postal restrictions in §§ 1301 and 1302, and from the broadcast restriction in § 1304, when “broadcast by a radio or television station licensed to a location in ... a State which conducts such a lottery.” § 1307(a)(1)(B); see also §§ 1307(a)(1)(A), (b)(1). The § 1304 broadcast restriction remained in place, however, for stations licensed in States that do not conduct lotteries. In Edge, we held that this remaining restriction on broadcasts from nonlottery States, such as North Carolina, supported the “laws against gambling” in those jurisdictions and properly advanced the “congressional policy of balancing the interests of lottery and nonlottery States.” 509 U. S., at 428.
In 1988, Congress enacted two additional statutes that significantly curtailed the coverage of § 1304. First, the Indian Gaming Regulatory Act (IGRA), 102 Stat. 2467, 25 U. S. C. §2701 et seq., authorized Native American tribes to conduct various forms of gambling — including casino gambling — pursuant to tribal-state compacts if the State permits
A separate statute, the 1992 Professional and Amateur Sports Protection Act, 28 U. S. C. § 3701 et seq., proscribes most sports betting and advertising thereof. Section 3702 makes it unlawful for a State or tribe “to sponsor, operate, advertise, promote, license, or authorize by law or compact” — or for a person “to sponsor, operate, advertise, or promote, pursuant to the law or compact” of a State or tribe — any lottery or gambling scheme based directly or indirectly on competitive games in which amateur or professional athletes participate. However, the Act also includes a variety of exemptions, some with obscured congressional purposes: (i) gambling schemes conducted by States or other governmental entities at any time between January 1,1976, and August 31, 1990; (ii) gambling schemes authorized by
Thus, unlike the uniform federal antigambling policy that prevailed in 1934 when 18 U. S. C. § 1304 was enacted, federal statutes now accommodate both progambling and anti-gambling segments of the national polity.
h — l h*H
Petitioners are an association of Louisiana broadcasters and its members who operate FCC-licensed radio and television stations in the New Orleans metropolitan area. But for the threat of sanctions pursuant to § 1304 and the FCC’s companion regulation, petitioners would broadcast promotional advertisements for gaming available at private, for-profit casinos that are lawful and regulated in both Louisiana and neighboring Mississippi.
Petitioners brought this action against the United States and the FCC in the District Court for the Eastern District of Louisiana, praying for a declaration that § 1304 and the FCC’s regulation violate the First Amendment as applied to them, and for an injunction preventing enforcement of the statute and the rule against them. After noting that all parties agreed that the case should be decided on their cross-motions for summary judgment, the District Court ruled in favor of the Government. 866 F. Supp. 975, 976 (1994). The court applied the standard for assessing commercial speech restrictions set out in Central Hudson Gas & Elec. Corp. v. Public Serv. Comm’n of N. Y., 447 U. S. 557, 566 (1980), and concluded that the restrictions at issue adequately advanced the Government’s “substantial interest (1) in protecting the interest of nonlottery states and (2) in reducing participation in gambling and thereby minimizing the social costs associated therewith.” 866 F. Supp., at 979. The court pointed out that federal law does not prohibit the broadcast of all information about casinos, such as advertising that promotes a casino’s amenities rather than its “gaming aspects,” and observed that advertising for state-authorized casinos in Louisiana and Mississippi was actually “abundant.” Id., at 980.
A divided panel of the Court of Appeals for the Fifth Circuit agreed with the District Court’s application of Central Hudson, and affirmed the grant of summary judgment to the Government. 69 F. 3d 1296, 1298 (1995). The panel majority’s description of the asserted governmental interests, although more specific, was essentially the same as the District Court’s:
“First, section 1304 serves the interest of assisting states that restrict gambling by regulating interstate activities such as broadcasting that are beyond the powers of the individual states to regulate. The sec*182 ond asserted governmental interest lies in discouraging public participation in commercial gambling, thereby minimizing the wide variety of social ills that have historically been associated with such activities.” Id., at 1299.
The majority relied heavily on our decision in Posadas de Puerto Rico Associates v. Tourism Co. of P. R., 478 U. S. 328 (1986), see 69 F. 3d, at 1300-1302, and endorsed the theory that, because gambling is in a category of “vice activity” that can be banned altogether, “advertising of gambling can lay no greater claim on constitutional protection than the underlying activity,” id., at 1302. In dissent, Chief Judge Politz contended that the many exceptions to the original prohibition in § 1304 — and that section’s conflict with the policies of States that had legalized gambling — precluded justification of the restriction by either an interest in supporting anticasino state policies or “an independent federal interest in discouraging public participation in commercial gambling.” Id., at 1303-1304.
While the broadcasters’ petition for certiorari was pending in this Court, we decided 44 Liquormart, Inc. v. Rhode Island, 517 U. S. 484 (1996). Because the opinions in that case concluded that our precedent both preceding and following Posadas had applied the Central Hudson test more strictly, 517 U. S., at 509-510 (opinion of Stevens, J.); id., at 531-532 (O’Connor, J., concurring in judgment) — and because we had rejected the argument that the power to restrict speech about certain socially harmful activities was as broad as the power to prohibit such conduct, see id., at 513-514 (opinion of Stevens, J.); see also Rubin v. Coors Brewing Co., 514 U. S. 476, 482-483, n. 2 (1995) — we granted the broadcasters’ petition, vacated the judgment of the Court of Appeals, and remanded the ease for further consideration. 519 U. S. 801 (1996).
On remand, the Fifth Circuit majority adhered to its prior conclusion. 149 F. 3d 334 (1998). The majority recognized
III
In a number of cases involving restrictions on speech that is “commercial” in nature, we have employed Central Hudsons four-part test to resolve First Amendment challenges:
“At the outset, we must determine whether the expression is protected by the First Amendment. For commercial speech to come within that provision, it at least must concern lawful activity and not be misleading. Next, we ask whether the asserted governmental interest is substantial. If both inquiries yield positive answers, we must determine whether the regulation directly advances the governmental interest asserted, and whether it is not more extensive than is necessary to serve that interest.” 447 U. S., at 566.
In this analysis, the Government bears the burden of identifying a substantial interest and justifying the challenged restriction. Edenfield v. Fane, 507 U. S. 761, 770 (1993); Board of Trustees of State Univ. of N. Y. v. Fox, 492 U. S. 469, 480 (1989); Bolger v. Youngs Drug Products Corp., 463 U. S. 60, 71, and n. 20 (1983).
The four parts of the Central Hudson test are not entirely discrete. All are important and, to a certain extent, inter
IV
All parties to this ease agree that the messages petitioners wish to broadcast constitute commercial speech, and that these broadcasts would satisfy the first part of the Central Hudson test: Their content is not misleading and concerns lawful activities, i. e., private casino gambling in Louisiana and Mississippi. As well, the proposed commercial messages would convey information — whether taken favorably or unfavorably by the audience — about an activity that is the subject of intense public debate in many communities. In addition, petitioners’ broadcasts presumably would dissemi
The second part of the Central Hudson test asks whether the asserted governmental interest served by the speech restriction is substantial. The Solicitor General identifies two such interests: (1) reducing the social costs associated with “gambling” or “casino gambling,” and (2) assisting States that “restrict gambling” or “prohibit casino gambling” within their own borders.
We can accept the characterization of these two interests as “substantial,” but that conclusion is by no means self-evident. No one seriously doubts that the Federal Government may assert a legitimate and substantial interest in alleviating the societal ills recited above, or in assisting like-minded States to do the same. Cf. Edge, 509 U. S., at 428. But in the judgment of both the Congress and many state legislatures, the social costs that support the suppression of gambling are offset, and sometimes outweighed, by countervailing policy considerations, primarily in the form of economic benefits.
Of course, it is not our function to weigh the policy arguments on either side of the nationwide debate over whether and to what extent casino and other forms of gambling should be legalized. Moreover, enacted congressional policy and “governmental interests” are not necessarily equivalents for purposes of commercial speech analysis. See Bolger, 463 U. S., at 70-71. But we cannot ignore Congress’ unwillingness to adopt a single national policy that consistently endorses either interest asserted by the Solicitor General. See Edenfield, 507 U. S., at 768; 44 Liquormart, 517 U. S., at 531 (O’Connor, J., concurring in judgment). Even though the Government has identified substantial interests, when we consider both their quality and the information sought to be suppressed, the crosscurrents in the scope and application of § 1304 become more difficult for the Government to defend.
The third part of the Central Hudson test asks whether the speech restriction directly and materially advances the asserted governmental interest. “This burden is not satisfied by mere speculation or conjecture; rather, a governmental body seeking to sustain a restriction on commercial speech must demonstrate that the harms it recites are real and that its restriction will in fact alleviate them to a material degree.” Edenfield, 507 U. S., at 770-771. Consequently, “the regulation may not be sustained if it provides only ineffective or remote support for the government’s purpose.” Central Hudson, 447 U. S., at 564. We have observed that “this requirement is critical; otherwise, ‘a State could with ease restrict commercial speech in the service of other objectives that could not themselves justify a burden on commercial expression.’ ” Rubin, 514 U. S., at 487, quoting Edenfield, 507 U. S., at 771.
The fourth part of the test complements the direct-advancement inquiry of the third, asking whether the speeeh restriction is not more extensive than necessary to serve the interests that support it. The Government is not required to employ the least restrictive means conceivable, but it must demonstrate narrow tailoring of the challenged regulation to the asserted interest — “a fit that is not necessarily perfect, but reasonable; that represents not necessarily the single best disposition but one whose scope is in proportion to the interest served.” Fox, 492 U. S., at 480 (internal quotation marks omitted); see 44 Liquormart, 517 U. S., at 529, 581 (O’Connor, J., concurring in judgment). On the whole, then, the challenged regulation should indicate that its proponent “ ‘carefully calculated’ the costs and benefits associated with the burden on speech imposed by its prohibition.” Cincinnati v. Discovery Network, Inc., 507 U. S. 410, 417 (1993), quoting Fox, 492 U. S., at 480.
As applied to petitioners’ case, § 1304 cannot satisfy these standards. With regard to the first asserted interest—
The FCC’s interpretation and application of §§1304 and 1307 underscore the statute’s infirmity. Attempting to enforce the underlying purposes and policy of the statute, the FCC has permitted broadcasters to tempt viewers with claims of “Vegas-style excitement” at a commercial “casino,” if “casino” is part of the establishment’s proper name and the advertisement can be taken to refer to the casino’s amenities,
From what we can gather, the Government is committed to prohibiting accurate product information, not commercial enticements of all kinds, and then only when conveyed over certain forms of media and for certain types of gambling— indeed, for only certain brands of casino gambling — and despite the fact that messages about the availability of such gambling are being conveyed over the airwaves by other speakers.
Even putting aside the broadcast exemptions for arguably distinguishable sorts of gambling that might also give rise to social costs about which the Federal Government is concerned — such as state lotteries and parimutuel betting on horse and dog races, § 1307(a)(1)(B); 28 U. S. C. § 3704(a)— the Government presents no convincing reason for pegging its speech ban to the identity of the owners or operators of the advertised casinos. The Government cites revenue needs of States and tribes that conduct casino gambling, and notes that net revenues generated by the tribal casinos are dedicated to the welfare of the tribes and their members. See 25 U. S. C. §§ 2710(b)(2)(B), (d)(1)(A)(ii), (2)(A). Yet the Government admits that tribal casinos offer precisely the same types of gambling as private casinos. Further, the Solicitor General does not maintain that government-operated casino gaming is any different, that States cannot derive revenue from taxing private casinos, or that any one class
Ironically, the most significant difference identified by the Government between tribal and other classes of casino gambling is that the former is “heavily regulated.” Brief for Respondents 88. If such direct regulation provides a basis for believing that the social costs of gambling in tribal casinos are sufficiently mitigated to make their advertising tolerable, one would have thought that Congress might have at least experimented with comparable regulation before abridging the speech rights of federally unregulated casinos. While Congress’ failure to institute such direct regulation of private casino gambling does not necessarily compromise the constitutionality of §1304, it does undermine the asserted justifications for the restriction before us. See Rubin, 514 U. S., at 490-491. There surely are practical and nonspeeeh-related forms of regulation-including a prohibition or supervision of gambling on credit; limitations on the use of cash machines on casino premises; controls on admissions; pot or betting limits; location restrictions; and licensing requirements — that could more directly and effectively alleviate some of the social costs of casino gambling.
We reached a similar conclusion in Rubin. There, we considered the effect of conflicting federal policies on the Government’s claim that a speech restriction materially advanced its interest in preventing so-called “strength wars” among competing sellers of certain alcoholic beverages. We concluded that the effect of the challenged restriction on commercial speech had to be evaluated in the context of the entire regulatory seheme, rather than in isolation,
Given the special federal interest in protecting the welfare of Native Americans, see California v. Cabazon Band of Mission Indians, 480 U. S. 202, 216-217 (1987), we recognize that there may be valid reasons for imposing commercial regulations on non-Indian businesses that differ from those imposed on tribal enterprises. It does not follow, however, that those differences also justify abridging non-Indians’ freedom of speech more severely than the freedom of their tribal competitors. For the power to prohibit or to regulate particular conduct does not necessarily include the power to prohibit or regulate speech about that conduct. 44 Liquormart, 517 U. S., at 509-511 (opinion of Stevens, J.); see id., at 531-532 (O’Connor, J., concurring in judgment); Rubin, 514 U. S., at 483, n. 2. It is well settled that the First Amendment mandates closer scrutiny of government restrictions on speech than of its regulation of commerce alone. Fox, 492 U. S., at 480. And to the extent that the purpose and operation of federal law distinguishes among information about tribal, governmental, and private casinos based on the identity of their owners or operators, the Government presents no sound reason why such lines bear any meaningful relationship to the particular interest asserted: minimizing casino gambling and its social costs by way of a (partial) broadcast ban. Discovery Network, 507 U. S., at 424, 428. Even under the degree of scrutiny that we have
The second interest asserted by the Government — the derivative goal of “assisting” States with policies that disfavor private casinos — adds little to its case. We cannot see how this broadcast restraint, ambivalent as it is, might directly and adequately further any state interest in dampening consumer demand for casino gambling if it cannot achieve the same goal with respect to the similar federal interest.
Furthermore, even assuming that the state policies on which the Federal Government seeks to embellish are more coherent and pressing than their federal counterpart, § 1304 sacrifices an intolerable amount of truthful speech about lawful conduct when compared to all of the policies at stake and the social ills that one could reasonably hope such a ban to eliminate. The Government argues that petitioners’ speech about private casino gambling should be prohibited in Louisiana because, “under appropriate conditions,” 3 Record 628, citizens in neighboring States like Arkansas and Texas (which hosts tribal, but not private, commercial casino gambling) might hear it and make rash or costly decisions. To be sure, in order to achieve a broader objective such regulations may incidentally, even deliberately, restrict a certain amount of speech not thought to contribute significantly to the dangers with which the Government is concerned. See Fox, 492 U. S., at 480; cf. Edge, 509 U. S., at 429-430.
VI
Accordingly, respondents cannot overcome the presumption that the speaker and the audience, not the Government, should be left to assess the value of accurate and nonmis-leading information about lawful conduct. Edenfield, 507 U. S., at 767. Had the Federal Government adopted a more coherent policy, or accommodated the rights of speakers in States that have legalized the underlying conduct, see Edge, 509 U. S., at 428, this might be a different case. But under current federal law, as applied to petitioners and the messages that they wish to convey, the broadcast prohibition in 18 U.S.C. §1304 and 47 CFR §73.1211 (1998) violates the
Reversed.
See, e. g., Act of Mar. 2, 1895, 28 Stat. 963 (prohibiting the transportation in interstate or foreign commerce, and the mailing of, tickets and advertisements for lotteries and similar enterprises); Act of Mar. 2, 1827, §6, 4 Stat. 238 (restricting the participation of postmasters and assistant postmasters in the lottery business); Act of July 27, 1868, § 13, 15 Stat. 196 (prohibiting the mailing of any letters or circulars concerning lotteries or similar enterprises); Act of July 12, 1876, §2, 19 Stat. 90 (repealing an 1872 limitation of the mails prohibition to letters and circulars concerning "illegal” lotteries); Anti-Lottery Act of 1890, § 1, 26 Stat. 465 (extending the mails prohibition to newspapers containing advertisements or prize lists for lotteries or gift enterprises).
See, e.g., La. Rev. Stat. Ann. §§27:2, 27:15B(1), 27:42-27:43, 27:44(4), 27:44(10)-27:44(12) (West 1999); Miss. Code Ann. §§75-76-3, 97-33-25 (1972); see also La. Rev. Stat. Ann. §§27:202B-27:202D, 27:205(4), 27:205(12)-27:205(14), 27:210B (West 1999).
See, e. g., Pet. for Cert. 23; Brief for Petitioners 10; Reply Brief for Petitioners 18-20; 44 Liquormart, Inc. v. Rhode Island, 517 U. S. 484, 526-528 (1996) (Thomas, J., concurring); Kozinski & Banner, Who’s Afraid of Commercial Speech?, 76 Va. L. Rev. 627 (1990); Brief for Association of National Advertisers, Inc., as Amicus Curiae 3-4; Brief for American Advertising Federation as Amicus Curiae 2.
Brief for Respondents 12, 15, 28. We will concentrate on the Government’s contentions as to “casino gambling”: They are the focus of the Government’s argument and are more closely linked to the speech regulation at issue, thereby providing a more likely basis for upholding § 1304 as applied to these broadcasters and their proposed messages.
Some form of gambling is legal in nearly every State. Government Lodging 192. Thirty-seven States and the District of Columbia operate lotteries. Ibid.; National Gambling Impact Study Commission, Staff Report: Lotteries 1 (1999). As of 1997, commercial casino gambling existed in 11 States, see North American Gaming Report 1997, Int’l Gaming & Wagering Bus., July 1997, pp. S4-SS1, and at least 5 authorize state-sponsored video gambling, see Del. Code Ann., Tit. 29, §§ 4801, 480S(f)-(g), 4820 (1974 and Supp. 1997); Ore. Rev. Stat. §461.215 (1998); R. I. Gen. Laws §42-61.2-2(a) (1998); S. D. Const., Art. III, §25 (1999); S. D. Comp. Laws Ann. §§42-7A-4(4), (11A) (1991); W.Va. Code §29-22A-4 (1999). Also as of 1997, about half the States in the Union hosted Class III Indian gaming (which may encompass casino gambling), including Louisiana, Mississippi, and four other States that had private casinos. United States General Accounting Office, Casino Gaming Regulation: Roles of Five States and the National Indian Gaming Commission 4-6 (May 1998) (including Indian casino gaming in five States without approved compacts); cf. National Gambling Impact Study Commission, Staff Report: Native American Gaming 2 (1999) (hereinafter Native American Gaming) (noting that 14 States have on-reservation Indian casinos, and that those casinos are the only casinos in 8 States). One count by the Bureau of Indian Affairs tallied 60 tribes that advertise their casinos on television and radio. Government Lodging 408, 435-437 (3 App. in Player’s Int’l, Inc. v. United States, No. 98-5127 (CA3)). By the mid-1990’s, tribal casino-style gambling generated over $3 billion in gaming revenue — increasing its share to 18%
The Government cites several secondary sources and declarations that it put before the Federal District Court in New Jersey and, as an alternative to affirming the judgment below, requests a remand so that it may have another chance to build a record in the Fifth Circuit. Remand is inappropriate for several reasons. First, the Government had ample opportunity to enter the materials it thought relevant after we vacated the Fifth Circuit’s first ruling and remanded for reconsideration in light of UU Liquormart. Second, the Government’s evidence did not convince the New Jersey court that § 1304 could be constitutionally applied in circumstances similar to this case, see Players Int’l, Inc. v. United States, 988
See, e. g., Letter to DR Partners, 8 FCC Red. 44 (1992); In re WTMJ, Inc., 8 FCC Red. 4354 (1993) (disapproving of the phrase “Vegas style games”); see also 2 Record 493, 497-498 (Mass Media Bureau letter to Forbes W. Blair, Apr. 10, 1987) (concluding that a proposed television commercial stating that the “odds for fun are high” at the sponsor’s establishment would be lawful); id., at 492, 500-501.
As we stated in Edge: “[Applying the restriction to a broadcaster such as [respondent] directly advances the governmental interest in enforcing the restriction in nonlottery States, while not interfering with the policies of lottery States like Virginia.... [W]e judge the validity of the restriction in this case by the relation it bears to the general problem of accom
Concurring Opinion
concurring in the judgment.
I continue to adhere to my view that “[i]n eases such as this, in which the government’s asserted interest is to keep legal users of a product or service ignorant in order to manipulate their choices in the marketplace,” the Central Hudson test should not be applied because “such an ‘interest’ is per se illegitimate and can no more justify regulation of ‘commercial speech’ than it can justify regulation of ‘noncommercial’ speech.” 44 Liquormart, Inc. v. Rhode Island, 517 U. S. 484, 518 (1996) (opinion concurring in part and concurring in judgment). Accordingly, I concur only in the judgment.
Concurring Opinion
concurring.
Title 18 U. S. C. § 1304 regulates broadcast advertising of lotteries and casino gambling. I agree with the Court that “[t]he operation of § 1304 and its attendant regulatory regime is so pierced by exemptions and inconsistencies,” ante, at 190, that it violates the First Amendment. But, as the Court observes:
“There surely are practical and nonspeeeh-related forms of regulation — including a prohibition or supervision of gambling on credit; limitations on the use of cash machines on casino premises; controls on admissions; pot or betting limits; location restrictions; and licensing requirements — that could more directly and effectively alleviate some of the social costs of casino gambling.” Ante, at 192.
Were Congress to undertake substantive regulation of the gambling industry, rather than simply the manner in which it may broadcast advertisements, “exemptions and inconsistencies” such as those in § 1304 might well prove constitutionally tolerable. “The problem of legislative classification is a perennial one, admitting of no doctrinaire definition. Evils in the same field may be of different dimensions and proportions, requiring different remedies. Or so the legislature may think. Or the reform may take one step at a time, addressing itself to the phase of the problem which seems most acute to the legislative mind. The legislature may select one phase of one field and apply a remedy there, neglecting the others.” Williamson v. Lee Optical of Okla., Inc., 348 U. S. 483, 489 (1955) (citations omitted).
But when Congress regulates commercial speech, the Central Hudson test imposes a more demanding standard
Reference
- Full Case Name
- GREATER NEW ORLEANS BROADCASTING ASSOCIATION, INC., Et Al. v. UNITED STATES Et Al.
- Cited By
- 332 cases
- Status
- Published