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Re: nutrition facts see the Zauderer test. The Hudson test is related. Here's a flowchart: https://publichealthlawcenter.org/sites/default/files/resources/Publ
by rgbrenner 3y ago
Re: nutrition facts see the Zauderer test. The Hudson test is related.
Here's a flowchart: https://publichealthlawcenter.org/sites/default/files/resources/Public-Health-Commercial-Speech-Chart-2018.pdf https://publichealthlawcenter.org/sites/default/files/resour...
And then you can look up the cases to see the logic behind them.
- woodruffw 3y agoIn particular, the Zauderer test allows the state to compel commercial speech if doing so is "reasonably related to the State's interest in preventing deception of customers[1]." It's obviously up for debate, but I think one could make a strong argument that Twitter's content policies pass this test. (More generally, however: there's lots of compelled commercial speech that doesn't fit into this flowchart. Taxes, commercial permits, leases, etc. I think one could make a strong argument that this law is strictly logistical in nature and represents no more of a 1A risk than Twitter's commercial leases do.) [1]: https://supreme.justia.com/cases/federal/us/471/626/ https://supreme.justia.com/cases/federal/us/471/626/