The legal threshold for determining whether commercial speech is protected under the First Amendment requires that the speech be truthful and nonmisleading about lawful products or services. If these criteria are met, the government must justify its regulation under a substantial government interest, demonstrating that the regulation directly advances that interest and is not more extensive than necessary.
For example: A law requiring calorie counts on menus may be upheld if it aims to inform consumers and has a reasonable fit with public health objectives without being overly burdensome.