Cite as: 507 U. S. 410 (1993)
Opinion of the Court
label for informational pamphlets that were concededly advertisements referring to a specific product, and concluded that they also were "commercial speech." 463 U. S., at 66-67. It is noteworthy that in reaching that conclusion we did not simply apply the broader definition of commercial speech advanced in Central Hudson—a definition that obviously would have encompassed the mailings—but rather "examined [them] carefully to ensure that speech deserving of greater constitutional protection is not inadvertently suppressed." 463 U. S., at 66.18 In Fox, we described the category even more narrowly, by characterizing the proposal of a commercial transaction as "the test for identifying commercial speech." 492 U. S., at 473-474 (emphasis added).
Under the Fox test it is clear that much of the material in ordinary newspapers is commercial speech and, conversely, that the editorial content in respondents' promotional publications is not what we have described as "core" commercial speech. There is no doubt a "commonsense" basis for distinguishing between the two, but under both the city's code and our cases the difference is a matter of degree.19
18 When the Court first advanced the broader definition of commercial speech, a similar concern had been expressed. See Central Hudson, 447 U. S., at 579 (Stevens, J., concurring in judgment).
19 We note that because Cincinnati's regulatory scheme depends on a governmental determination as to whether a particular publication is a "commercial handbill" or a "newspaper," it raises some of the same concerns as the newsrack ordinance struck down in Lakewood v. Plain Dealer Publishing Co., 486 U. S. 750 (1988). The ordinance at issue in Lakewood vested in the mayor authority to grant or deny a newspaper's application for a newsrack permit, but contained no explicit limit on the scope of the mayor's discretion. The Court struck down the ordinance, reasoning that a licensing scheme that vests such unbridled discretion in a government official may result in either content or viewpoint censorship. Id., at 757, 769-770. Similarly, because the distinction between a "newspaper" and a "commercial handbill" is by no means clear—as noted above, the city deems a "newspaper" as a publication "primarily presenting coverage of, and commentary on, current events," App. 230 (emphasis added)—the responsibility for distinguishing between the two carries with
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