Illinois
How Central Hudson Gas & Electric Corp. v. Public Service Commission applies in Illinois: state-specific rules, key cases, and bar exam notes for First Amendment.
Illinois courts recognize the Central Hudson framework as the standard for evaluating commercial speech regulation under the First Amendment. The application of Central Hudson ensures that government restrictions do not unnecessarily infringe upon protected commercial expressions.
In Illinois, a restriction on commercial speech must (1) serve a substantial governmental interest, (2) directly advance that interest, and (3) be no more extensive than necessary to serve that interest.
In this case, the court ruled that the city's restrictions on billboard advertising violated the Central Hudson framework because the government failed to provide sufficient evidence of a substantial government interest.
The court held that promotional materials by a public entity constituted commercial speech under Central Hudson, as the materials served both educational and promotional purposes.
The Illinois Supreme Court referenced Central Hudson standards regarding disclaimers on advertisements targeting the state's health warnings, ruling that the disclaimers were only warranted if they directly advanced the government's interests.
Illinois generally follows the Central Hudson decision as the benchmark for commercial speech evaluation, but its application may lead to slightly more rigorous scrutiny compared to federal standards. While federal courts maintain broader allowances for commercial speech, Illinois courts have demonstrated an inclination to prioritize consumer protection in certain contexts.
Questions regarding commercial speech and the Central Hudson framework frequently appear on the Illinois bar exam, particularly regarding the evaluation of state regulations versus First Amendment protections.