Washington
How Central Hudson Gas & Electric Corp. v. Public Service Commission applies in Washington: state-specific rules, key cases, and bar exam notes for Other.
Washington generally aligns its commercial speech regulations with the Central Hudson framework. The state adopts an intermediate scrutiny standard, assessing whether the speech is misleading and whether the governmental interest is substantial.
Washington courts analyze commercial speech under a four-part test derived from Central Hudson, examining if the speech is lawful and not misleading, if the government has a substantial interest, whether the regulation directly advances that interest, and if it is not more extensive than necessary.
The court reaffirmed the Central Hudson test when evaluating restrictions on commercial speech, emphasizing the need for a substantial government interest.
The court ruled that BNSF's advertising about safety protocols met the commercial speech criteria outlined in Central Hudson, as it was not misleading and served a significant public interest.
The city ordinance restricting outdoor advertising was invalidated as it failed the Central Hudson test by being overly broad and not sufficiently narrowing speech.
Washington follows the Central Hudson framework closely, though state courts emphasize additional factors like local government interests which may not be as prominent in federal cases. This local emphasis can lead to broader protections for commercial speech under Washington law.
The Central Hudson test is frequently tested on the Washington bar exam, particularly in questions involving commercial speech and regulatory interests.