Also known as: four part standard · four-part test · four part test · four-factor test · four-prong test
Written by attorneys · grounded in primary & secondary sources — see below
An intermediate scrutiny framework for evaluating government restrictions on commercial speech. The speech must first concern lawful activity and not be misleading. If so, the regulation is valid only if the government interest is substantial, the regulation directly advances that interest, and the restriction is not more extensive than necessary.
The State Health Authority bars pharmaceutical companies from advertising prescription drugs on streaming platforms while allowing print ads in medical journals. PharmaCorp, which runs truthful ads with risk disclosures, sues claiming a First Amendment violation. A court applies the four-part standard and finds the ban fails because it is more extensive than necessary to protect public health.
State regulators prohibit outdoor signs advertising tobacco prices near schools. A retailer posts truthful price signs and challenges the rule. The court applies the four-part standard, finds the asserted interest substantial and directly advanced, yet holds the total ban more extensive than necessary because targeted disclosure rules would suffice.
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A court first determines whether the speech concerns lawful activity and is not misleading. If the speech fails this threshold, the government may prohibit it outright without further analysis.
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The regulation fails when it is more extensive than necessary to serve the asserted interest. A complete ban on a category of truthful advertising is invalid if narrower alternatives such as disclosure requirements would achieve the goal.
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No. Even when the state asserts consumer-protection or competitor-protection interests, a categorical ban on truthful, nonmisleading commercial speech violates the standard because it is not reasonably tailored to the asserted goals.
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