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Week Four Assignment: Defining Commercial Speech

Assignment Overview

• Analyze the Central Hudson case, and apply it the hypothetical scenario below

Assignment Goals

• To demonstrate an understanding of the role of the First Amendment, and the limitations on freedom of speech
• To explore the Commercial Speech Doctrine

Instructions

Part I: Read the case, , and address the following questions:

• Who are the parties to the case?
• What are the facts of the case?
• What are the legal issues?
• What was the court’s holding (i.e., how did the court rule)?

Part II

You are the public relations director for Oscar’s Sporting Goods. Your boss, Striker Sear, is planning to construct a billboard across the street from Ole Johnson University advertising the sale of its latest line of handguns. According to Mr. Sear, this is the perfect location since the billboard would be visible from the freeway. The university discovered Oscar’s plans, and in light of recent campus violence, is asking the city council to pass an ordinance banning all billboards advertising weapons near school campuses.

• Given the actions of the university, how would you advise your boss? Should he continue with the construction of the billboard? Why or why not?

• Discuss the legal status of the proposed ordinance, using the four-part test from the Central Hudson case as your guide:

i) Is the commercial speech (the billboard) worthy of First Amendment Protection?

ii) Does the government have a substantial interest for regulating the speech?

iii) Does the regulation directly advance the government’s interest?

iv) Is the regulation no broader than necessary to realize that interest?

Assignment due Date and Guidelines

• Assignment must be submitted as a Word document, and contain at least 400 words
• Assignment must be submitted through FSO
• Any outside sources must be properly cited, in APA format

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