Antonin Scalia,
Board of Trustees of State University of New York v…
“ There, of course, the commercial speech (if it was that) was "inextricably intertwined" because the state law required it to be included. By contrast, there is nothing whatever "inextricable" about the noncommercial aspects of these presentations. No law of man or of nature makes it impossible to sell housewares without teaching home economics, or to teach home economics without selling housewares. ”
Antonin Scalia,
Board of Trustees of State University of New York v…
“ Quite obviously, the rule employed in as-applied analysis that a statute regulating commercial speech must be "narrowly tailored," which we discussed in the previous portion of this opinion, prevents a statute from being overbroad. The overbreadth doctrine differs from that rule principally in this: The person invoking the commercial-speech narrow-tailoring rule asserts that the acts of his that are the subject of the litigation fall outside what a properly drawn prohibition could cover. ”
Antonin Scalia,
Board of Trustees of State University of New York v…
“ Where an overbreadth attack is successful, the statute is obviously invalid in all its applications, since every person to whom it is applied can defend on the basis of the same overbreadth. A successful attack upon a commercial-speech restriction on narrow-tailoring grounds, by contrast, does not assure a defense to those whose own commercial solicitation can be constitutionally proscribed-though obviously the rationale of the narrow-tailoring holding may be so broad as to render the statute effectively unenforceable. See, e.g., Central Hudson Gas & Electric Corp. ”
