First Amendment Protects Commercial Speech

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GMI and HDTV will not be convicted because the First Amendment protects commercial speech. Commercial speech is not protected as noncommercial speech. For example, to protect consumers, a state may ban certain kinds of marketing practices, such as untrustworthy or false advertising. In general, a restriction on commercial speech will be considered valid as long as it falls between strict, intermediate, or rational scrutiny rules. Here, the complete ban on video ads "because the games might be damaging to teenagers " is too restrictive: it goes too far in attempting to protect minors for an apparently unconfirmed

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