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Expression Here and Abroad: A Comparative Analysis of the U.S. Supreme Court's and the European Court of Human Rights' Commercial Speech Doctrines
Unformatted Document Text:  ICA 1-10808 25 Table 1 Commercial Speech Doctrinal Tests – United States & European Court of Human Rights Central Hudson Test Components Article 10(2) Components Does the commercial speech concern a lawful activity? Is the restriction prescribed by law? Is the interest asserted by the government substantial? Does the restriction pursue a legitimate aim? Does the regulation of the commercial speech directly advance the asserted government interest? Is the restriction necessary in a democratic society? Is the regulation of the commercial speech not more extensive than is necessary to achieve the asserted government interest?

Authors: Hollerbach, Karie.
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ICA 1-10808 25
Table 1
Commercial Speech Doctrinal Tests – United States & European Court of Human Rights
Central Hudson Test Components
Article 10(2) Components

Does the commercial speech concern a
lawful activity?
Is the restriction prescribed by law?
Is the interest asserted by the government
substantial?
Does the restriction pursue a legitimate
aim?
Does the regulation of the commercial
speech directly advance the asserted
government interest?
Is the restriction necessary in a democratic
society?
Is the regulation of the commercial speech
not more extensive than is necessary to
achieve the asserted government interest?


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