Cite as: 533 U. S. 405 (2001)
Breyer, J., dissenting
At a minimum, the holding here, when contrasted with that in Wileman, creates an incentive to increase the Government's involvement in any information-based regulatory program, thereby unnecessarily increasing the degree of that program's restrictiveness. I do not believe the First Amendment seeks to limit the Government's economic regulatory choices in this way—any more than does the Due Process Clause. Cf. Lochner v. New York, 198 U. S. 45 (1905).
III
Even if I were to classify the speech at issue here as "commercial speech" and apply the somewhat more stringent standard set forth in the Court's commercial speech cases, I would reach the same result. That standard permits restrictions where they "directly advance" a "substantial" government interest that could not "be served as well by a more limited restriction." Central Hudson, 447 U. S., at 564. I have already explained why I believe the Government interest here is substantial, at least when compared with many typical regulatory goals. Supra, at 422. It remains to consider whether the restrictions are needed to advance its objective.
Several features of the program indicate that its speech-related aspects, i. e., its compelled monetary contributions, are necessary and proportionate to the legitimate promotional goals that it seeks. At the legislative hearings that led to enactment of the Act, industry representatives made clear that pre-existing efforts that relied upon voluntary contributions had not worked. Thus, compelled contributions may be necessary to maintain a collective advertising program in that rational producers would otherwise take a free ride on the expenditures of others. See ibid.; Abood, 431 U. S., at 222 (relying upon "free rider" justification in union context).
429
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