CHM 111 Lecture Notes - Lecture 7: Intermediate Scrutiny, Commercial Speech, Planned Parenthood
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Path to constitutional status examples: valentine c. chrestensen (1942, ny times vs. sullivan (1964) Ad was soliciting donations in support of martin luther king: pittsburgh press (1973, bigelow v. virginia (1975) Editor accepted ad from planned parenthood (or other abortion service?) in new york. Before roe v. wade abortions were legal and regulated in new. Supreme court ruled that it was legal because of freedom of speech a service or product legal in another state and purchased there was okay: virginia state board of pharmacy v. virginia (1976) Plaintiff thought this could be detrimental to public. Virginia was really trying to protect old pharmacies from cheaper competition: bates v. state bar of arizona (1977) Lawyer advertising: ohralik v. ohio state bar association (1978) Central hudson test from central hudson gas & electric co. vs. psc of ny (1980: four past test = intermediate scrutiny. Is asserted governmental interest substantial: true, not misleading ad for legal product or service.