Maryland
How Central Hudson Gas & Electric Corp. v. Public Service Commission applies in Maryland: state-specific rules, key cases, and bar exam notes for First Amendment.
Maryland follows the Central Hudson framework for regulating commercial speech but emphasizes a balanced approach that considers both the state's interest in protecting consumers and the free speech rights of advertisers. The Maryland courts typically focus on whether regulation directly advances a legitimate government interest without significantly restricting speech.
In Maryland, the Central Hudson test is applied by evaluating whether the speech is lawful and not misleading; whether the government has a substantial interest; whether the regulation directly advances that interest; and whether the regulation is not more extensive than necessary.
Established that restrictions on commercial speech must directly and materially advance state interests and not be overly broad.
Affirmed that purely commercial speech is protected under the First Amendment and can only be restricted under stringent scrutiny.
While Maryland applies the Central Hudson test similarly to federal courts, it has placed greater emphasis on the need for a direct connection between the regulation and the government’s asserted interest. Maryland courts have been more willing to strike down regulations that do not demonstrate this connection carefully.
Understanding Maryland's application of Central Hudson is crucial for the bar exam, particularly in essay questions that address commercial speech and First Amendment rights.