In an effort to promote family time, State X passes a law prohibiting the advertisement in the state of movies rated "restricted." The law is challenged by a coalition of state newspapers on the basis that it violates the First Amendment of the U.S. Constitution. Set forth the test the court should apply in order to determine whether the law is constitutional and how the court would likely rule

Answer 1

To determine whether content-based regulation of commercial speech violates the First Amendment, it must first be found that the speech concerns lawful activity and is not misleading. If that requirement is satisfied, the First Amendment still allows the government to restrict the speech as long as (1) the asserted governmental interest in regulating the speech is substantial, (2) the regulation directly advances the governmental interest asserted, and (3) the restriction is no more extensive than necessary to serve that interest. Determining whether the regulation is no more extensive than necessary does not require the least restrictive means; it requires only a "reasonable fit" between the government's purpose and the means chosen to achieve it. While there may be differences of opinion, it is likely that the law at issue would be struck down as unconstitutional. The restriction does not seem narrowly tailored to meet the asserted governmental objective.