Indiana
How Central Hudson Gas & Electric Corp. v. Public Service Commission applies in Indiana: state-specific rules, key cases, and bar exam notes for Other.
Indiana courts have adopted the four-part Central Hudson test for evaluating commercial speech regulations, which requires a government interest to be substantial and closely related to the regulation. The state has emphasized the need for adequate evidence supporting restrictions on commercial speech to uphold their constitutionality.
In Indiana, the Central Hudson test applies as follows: 1) the speech must be lawful and not misleading; 2) the government must assert a substantial interest; 3) the regulation must directly advance that interest; and 4) the regulation must not be more extensive than necessary to serve that interest.
The court applied the Central Hudson framework to determine the constitutionality of a regulation that limited employer advertising related to unemployment benefits.
The Indiana Supreme Court used the Central Hudson test in assessing a statute that restricted the advertisement of certain medical services, ultimately ruling the regulation unconstitutional.
The court found that a city's ordinance violated the Central Hudson standard by overly restricting truthful and informative speech regarding pro-life services.
Indiana closely follows the federal approach established in Central Hudson, employing the same four-part test to evaluate restrictions on commercial speech. However, Indiana courts often require more robust evidentiary support for regulatory measures to demonstrate how they advance substantial government interests.
Understanding the Central Hudson test is crucial for the Indiana bar exam, particularly in the context of questions related to the First Amendment and commercial speech regulations.