YES

Does the speech concern an illegal activity? is it misleading?

NO

Is the government interest served by the restriction on commercial speech substantial?

YES

Does the regulation directly advance the government interest asserted?

YES

Is the regulation more extensive than necessary to serve the government interest?

NO

Speech is

NOT PROTECTED

by the First Amendment

NO

NO

YES

Speech is PROTECTED

by the First Amendment

The Entertainment Software Association (ESA), rep- resenting video game developers such as Sony Com- puter Entertainment and Nintendo, filed a motion for a permanent injunction in Illinois, claiming that the Illinois Sexually Explicit Video Game Law (SEVGL) was a content-based restriction on speech. The ESA argued that the law requiring the marking "18" on games containing sexually explicit images was sub- jective and failed to meet theCentral Hudsontest. The district court agreed. Representatives of the state, including then-governor Rod Blagojevich, appealed the decision, arguing that the law was narrowly tai- lored to promote a legitimate state interest. Using the four steps of theCentral Hudsontest, how do you think the court of appeals decided the case? [Enter- tainment Software Association v. Blagojevich et al.,469 F.3d 641 (2006).]

How did the court of appeals decide the case?