What is a key requirement for the government to restrict commercial speech?

Study for the CLEP Business Law Test. Engage with flashcards and multiple choice questions, each question has hints and explanations. Prepare effectively for your exam!

A key requirement for the government to restrict commercial speech is that it must directly advance the government's interest in restricting the commercial speech, and it must go no further than necessary to accomplish its objective. This reflects the established legal standards for evaluating the government's ability to regulate commercial speech, as set forth in landmark cases like Central Hudson Gas & Electric Corp. v. Public Service Commission.

The requirement for the restriction to directly advance the government’s interest ensures that any regulation is justified on a rational basis. The restriction must serve a legitimate purpose, such as protecting consumers from misleading advertising or promoting public health and safety.

Additionally, the requirement that the regulation must not go further than necessary ensures that the means used to achieve the government’s objectives are not overly broad. This aligns with the principle of proportionality in law, ensuring that restrictions do not unduly infringe upon commercial speech rights more than is needed to achieve the intended regulatory goals.

Therefore, both of these conditions are essential for justifying governmental restrictions on commercial speech, making the combined choice the correct answer.

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