Maryland
How Central Hudson Gas & Electric Corp. v. Public Service Commission applies in Maryland: state-specific rules, key cases, and bar exam notes for Other.
Maryland applies the Central Hudson test when analyzing commercial speech regulations. The state courts often refer to the established federal standard while considering the context of state regulatory interests and the application of state constitutional provisions.
In Maryland, the regulation of commercial speech follows the four-part Central Hudson test, ensuring that any governmental restriction on commercial speech directly advances a substantial state interest, is not more extensive than necessary, and does not violate the free speech provisions of the Maryland Constitution.
The Maryland Court of Appeals confirmed that commercial speech must be truthful and not misleading to be protected and emphasized the necessity for a substantial government interest.
This case applied the Central Hudson test, ruling that regulations on physician advertisements must pass the scrutiny of directly advancing state interests.
The court reinforced the Central Hudson standard in the context of public land use and commercial speech related to advertising.
Maryland courts closely mirror the federal approach in applying the Central Hudson test but may emphasize additional protections under the Maryland Constitution. The balance between regulatory intent and free speech remains a focal point, particularly concerning local interests.
Candidates should be familiar with the application of the Central Hudson test in Maryland, as it may appear in questions relating to commercial speech and state regulatory interests.