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Advertising Regulations On Sexually Oriented Business: How Far Is Too Far, Jennifer Stonecipher

Missouri Law Review

In recent decades, various courts have held that the First Amendment extends to commercial speech . Although the level of protection afforded to commercial speech differs from that given to non-commercial speech, these courts have held that the First Amendment protects commercial speech that is neither misleading nor concerns illegal activities. Under such a framework, in order to regulate commercial speech, the government must demonstrate that the regulation directly advances a substantial interest and is no more restrictive than necessary to serve that interest. In Passions Video, Inc. v. Nixon, a group of business owners challenged a Missouri statute that …