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considering how the Central Hudson test would have been applied to the ban of cigarette commercials on TV (they were actually banned before advertising had

considering how the Central Hudson test would have been applied to the ban of cigarette commercials on TV (they were actually banned before advertising had any Constitutional protection), apply the Central Hudson test to this hypothetical:

Bacon double cheeseburgers, french fries and super-sized Cokes have replaced more healthful food in many children's and teenager's diets. Obesity and Type II diabetes are becoming more prevalent in children.

  1. Using the Central Hudson test, argue in favor ofa government ban of television commercials featuring "Happy Meals" and other such fast-food enticements for children.
  2. in this order: List Step 1 in the Central Hudson test, and make an argument related to it. then to Step 2, and so on. (Be sure to LIST the step)
  3. understand the two questions that must be answered under Step 1. It's important to remember that Central Hudson is a way of determining whether non-misleading advertising is eligible for First Amendment protection. Misleading advertising can be banned entirely by the government, and the Central Hudson test would not be applied.

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