To uphold restrictions on commercial speech, the state must provide substantial evidence demonstrating that restricting the speech will advance its interest, such as public health or safety. This includes showing that the restriction will significantly impact the targeted behavior or outcomes. The state also needs to prove its regulation is narrowly tailored—meaning there are no less restrictive alternatives to achieving the same goal.
For example: If a city enacts a ban on advertising sugary drinks near schools to combat childhood obesity, it must show evidence that such ads influence children’s consumption patterns and that other measures wouldn’t suffice.