Wisconsin
How Central Hudson Gas & Electric Corp. v. Public Service Commission applies in Wisconsin: state-specific rules, key cases, and bar exam notes for First Amendment.
Wisconsin follows the Central Hudson framework in assessing commercial speech restrictions, ensuring that any limitations align with the state's substantial interest and pass the four-prong test established by the case. This approach incorporates the state’s specific regulatory environment and values.
In Wisconsin, commercial speech may only be restricted if it is misleading or related to unlawful activity, and any permissible regulation must directly advance a substantial governmental interest.
This case underscored that commercial speech protection applies unless the state demonstrates that the speech is misleading.
The court affirmed that regulations affecting commercial speech must meet strict scrutiny under the Central Hudson standards.
Held that a ban on certain commercial messages related to tobacco products was constitutional if it served a substantial government interest in public health.
Wisconsin's implementation of the Central Hudson test reflects the federal standards but shows a stronger emphasis on public health interests and consumer protection. Both systems require a substantial state interest, yet Wisconsin courts may apply more stringent scrutiny in specific industries.
Students should be familiar with the Central Hudson framework and its application in Wisconsin, as questions regarding commercial speech often appear on the bar exam.