Cite as: 507 U. S. 410 (1993)
Rehnquist, C. J., dissenting
"Our jurisprudence has emphasized that 'commercial speech [enjoys] a limited measure of protection, commensurate with its subordinate position in the scale of First Amendment values,' and is subject to 'modes of regulation that might be impermissible in the realm of noncommercial expression.' " Board of Trustees of State University of N. Y. v. Fox, 492 U. S. 469, 477 (1989) (quoting Ohralik v. Ohio State Bar Assn., 436 U. S. 447, 456 (1978)); see also Bolger v. Youngs Drug Products Corp., 463 U. S. 60, 64-65 (1983). We have advanced several reasons for this treatment, among which is that commercial speech is more durable than other types of speech, since it is "the offspring of economic self-interest." Central Hudson Gas & Electric Corp. v. Public Serv. Comm'n of N. Y., 447 U. S. 557, 564, n. 6 (1980); Virginia State Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U. S. 748, 772, n. 24 (1976). Commercial speech is also "less central to the interests of the First Amendment" than other types of speech, such as political expression. Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U. S. 749, 758, n. 5 (1985) (opinion of Powell, J.). Finally, there is an inherent danger that conferring equal status upon commercial speech will erode the First Amendment protection accorded noncommercial speech, "simply by a leveling process, of the force of the Amendment's guarantee with respect to the latter kind of speech." Ohralik, supra, at 456.
In Central Hudson, we set forth the test for analyzing the permissibility of restrictions on commercial speech as follows:
"At the outset, we must determine whether the expression is protected by the First Amendment. For commercial speech to come within that provision, it at least must concern lawful activity and not be misleading. Next, we ask whether the asserted governmental interest is substantial. If both inquiries yield positive answers, we must determine whether the regulation
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