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In general, content-based restrictions on non-commercial speech are presumed to be unconstitutional, unless the government can meet the "strict scrutiny" standard articulated by the Supreme Court, meaning that it must show that there is a compelling government interest in restricting the speech, and the government is advancing this interest through the least restrictive means.

Commercial speech is subject to more regulation, but it is still covered by the 1st Amendment. Generally, companies are entitled to advertise their products as they see fit, but the government can regulate who they market to (for example, banning advertisements for alcohol or cigarettes that target children), and banning false advertisement.

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