board trustees state univ fox argued february decided june resolution state university new york suny prohibits private commercial enterprises operating suny facilities resolution applied campus police bar american future systems afs demonstrating selling housewares party hosted student dormitory respondent fox students sued declaratory judgment action violated first amendment district preliminarily enjoined enforcement resolution trial found suny ground dormitories constitute public forum purposes commercial activity restrictions speech reasonable light dormitories purpose viewing challenged application resolution restriction commercial speech therefore applying test articulated central hudson gas electric public service new york appeals concluded unclear whether resolution directly advanced state asserted interests whether least restrictive means end therefore reversed remanded trial held appeals erred requiring district apply test resolution pp afs parties students seek hold propose commercial transaction therefore constitute commercial speech although also touch upon subjects financially responsible run efficient home render noncommercial entirety theory fully protected educational speech commercial speech inextricably intertwined riley national federation blind north carolina distinguished pp although central hudson decisions occasionally contained statements suggesting government restrictions commercial speech must constitute least restrictive means achieving governmental interests asserted decisions never required restriction absolutely least severe achieve desired end rather decisions require reasonable fit government ends means chosen accomplish ends see posadas de puerto rico associates tourism company puerto rico long means narrowly tailored achieve desired objective governmental decisionmakers judge manner regulation may employed pp respondents overbreadth claim based assertion resolution impermissibly prohibits fully protected speech ripe resolution pp although overbreadth analysis normally apply commercial speech resolution must deemed reach speech light evidence prohibits job counseling tutoring legal advice medical consultation students dormitory rooms conduct consists speech profit satisfy definition commercial speech since propose commercial transaction pp overbreadth doctrine designed departure traditional rules standing enabling persons unharmed statute challenge facially ground may applied unconstitutionally others situations broadrick oklahoma respondents invocation doctrine unusual asserted extensions resolution beyond commercial speech basis challenge hypothetical applications third parties applications respondents part subject complaint testimony adduced trial nevertheless reason doctrine invoked situation pp however challenge ordinarily decided overbreadth claim reasons relating proper functioning courts efficiency neither courts ever considered respondents challenge proper legal standards apparently even recognized case involves commercial noncommercial speech remand question whether resolution alleged substantial overbreadth makes unenforceable addressed first determined application speech either category valid pp scalia delivered opinion rehnquist white stevens kennedy joined blackmun filed dissenting opinion brennan marshall joined post peter sherwood solicitor general new york argued cause petitioners briefs robert abrams attorney general peter schiff lawrence kahn deputy solicitors general daniel smirlock assistant attorney general henry reath argued cause filed brief respondents briefs amici curiae urging reversal filed american council education et al richard marks sheldon steinbach board trustees university alabama et al roderick daane anthony celebrezze attorney general ohio lacy thornburg attorney general north carolina briefs amici curiae urging affirmance filed american advertising federation david versfelt william rogal gilbert weil landmark legal foundation mark bredemeier jerald hill jonathan emord student association state university new york et al lanny walter marsha berzon laurence gold filed brief american federation labor congress industrial organizations amicus curiae justice scalia delivered opinion case presents question whether governmental restrictions upon commercial speech invalid go beyond least restrictive means achieve desired end state university new york suny promulgated regulations governing use school property including dormitories one resolution authorization given private commercial enterprises operate state university campuses facilities furnished university provide food legal beverages campus bookstore vending linen supply laundry dry cleaning banking barber beautician services cultural events october afs representative conducting demonstration company products student dormitory room suny cortland campus campus police asked leave violating resolution refused arrested charged trespass soliciting without permit loitering respondent fox along several fellow students sued declaratory judgment prohibiting hosting attending afs demonstrations preventing discussions commercial invitees rooms resolution violated first amendment afs joined students plaintiff district granted preliminary injunction american future systems state university new york college cortland supp ndny trial found university ground suny dormitories constitute public forum purpose commercial activity restrictions speech reasonable light dormitories purpose supp divided panel appeals second circuit reversed remanded afs dropped suit party remaining issue students claim first amendment rights infringed viewing challenged application resolution restriction commercial speech therefore applying test articulated central hudson gas electric public service new york appeals concluded unclear whether resolution directly advanced state asserted interests whether least restrictive means end appeals therefore reversed judgment remanded trial suitable order based upon appropriate findings points granted certiorari ii reviewing reasoning appeals used decide case first question confront whether principal type expression issue commercial speech doubt afs tupperware parties students seek hold propose commercial transaction virginia pharmacy board virginia citizens consumer council test identifying commercial speech see posadas de puerto rico associates tourism company puerto rico also touch subjects however financially responsible run efficient home relying riley national federation blind north carolina respondents contend pure speech commercial speech inextricably intertwined entirety must therefore classified noncommercial disagree riley involved requirement conducting fundraising charitable organizations held fully protected speech professional fundraisers must insert presentations statement setting forth percentage charitable contributions collected previous months actually turned charities instead retained commissions response state contention statement merely compelled commercial speech responded inextricably intertwined otherwise fully protected speech level first amendment scrutiny must depend upon nature speech taken whole effect compelled statement thereon ibid course commercial speech inextricably intertwined state law required included contrast nothing whatever inextricable noncommercial aspects presentations law man nature makes impossible sell housewares without teaching home economics teach home economics without selling housewares nothing resolution prevents speaker conveying audience hearing noncommercial messages nothing nature things requires combined commercial messages including home economics elements converted afs presentations educational speech opening sales presentations prayer pledge allegiance convert religious political speech said bolger youngs drug products communications constitute commercial speech notwithstanding fact contain discussions important public issues made clear advertising links product current public debate thereby entitled constitutional protection afforded noncommercial speech central hudson gas electric public service new york discuss case basis commercial speech issue described mode analyzing lawfulness restrictions commercial speech follows outset must determine whether expression protected first amendment commercial speech come within provision least must concern lawful activity misleading next ask whether asserted governmental interest substantial inquiries yield positive answers must determine whether regulation directly advances governmental interest asserted whether extensive necessary serve interest central hudson supra cases repeatedly stated government restrictions upon commercial speech may broad expansive necessary serve substantial interests see central hudson metromedia san diego plurality opinion zauderer office disciplinary counsel ohio posadas de puerto rico associates tourism company puerto rico supra san francisco arts athletics olympic committee shapero kentucky bar word necessary interpreted strictly statements translate test used appeals undoubtedly formulations cases support view example statement central hudson governmental interest served well limited restriction commercial speech excessive restrictions survive indeed assumed dicta validity approach see zauderer supra however long ago occasion observe respect necessary proper clause constitution see mcculloch maryland wheat word necessary sometimes used loosely formulations commercial speech cases support flexible meaning central hudson test example said restrictions designed prevent deceptive advertising must narrowly drawn extensive reasonably necessary substantial interests see also repeated latter formulation last term shapero kentucky bar supra san francisco arts athletics olympic committee supra said application central hudson test substantially similar application test validity time place manner restrictions upon protected speech specifically held require least restrictive means clark community creative see also infra whatever conflicting tenor prior dicta may focus upon specific issue first time conclude reason matter requires something short standard jurisprudence emphasized commercial speech enjoys limited measure protection commensurate subordinate position scale first amendment values subject modes regulation might impermissible realm noncommercial expression ohralik ohio state bar ample scope regulatory authority suggested statements illusory subject requirement imposes heavy burden state see shelton tucker see also nixon administrator general services cf widmar vincent stevens concurring judgment refrained imposing requirement even core political speech issue assessing validity time place manner restrictions uphold restrictions long narrowly tailored serve significant governmental interest clark community creative supra city council los angeles taxpayers vincent standard interpreted require elimination less restrictive alternatives see community creative supra regan time plurality opinion analysis never part inquiry validity time place manner regulation similarly respect government regulation expressive conduct including conduct expressive political views requiring narrowly tailored serve important substantial state interest see community creative supra discussing taxpayers vincent supra insisted conceivable alternative regulation burden substantially speech necessary government legitimate interests ward rock racism loath government judgment effect see community creative supra albertini two lines authority course govern think incompatible asserted subordinate position commercial speech scale first amendment values apply rigid standard present context none cases invalidating regulation commercial speech involved provision went marginally beyond adequately served governmental interest contrary almost restrictions disallowed central hudson fourth prong substantially excessive disregarding far less restrictive precise means shapero kentucky bar see zauderer office disciplinary counsel ohio bates state bar arizona hand decisions upholding regulation commercial speech reconciled requirement least restrictive means posadas example sustained puerto rico blanket ban promotional advertising casino gambling puerto rican residents first satisfy governmental goal deterring casino gambling adequately served appellant contended suppressing commercial speech might encourage gambling promulgating additional speech designed discourage rather said legislature decide point long judgment reasonable ibid similarly metromedia san diego plurality opinion upheld san diego complete ban billboard advertising inquire whether less restrictive measure example controlling size appearance signs suffice meet city concerns traffic safety esthetics enough conclude ban perhaps effective approach san francisco arts athletics olympic committee enough uphold restrictions placed commercial speech federal trademark statute broader congress reasonably determined necessary sum insisted free flow commercial information valuable enough justify imposing regulators costs distinguishing harmless harmful shapero supra quoting zauderer supra gone far impose upon burden demonstrating distinguishment complete manner restriction absolutely least severe achieve desired end decisions require fit legislature ends means chosen accomplish ends posadas supra fit necessarily perfect reasonable represents necessarily single best disposition one whose scope proportion interest served supra employs necessarily least restrictive means put contexts discussed means narrowly tailored achieve desired objective within bounds leave governmental decisionmakers judge manner regulation may best employed reject contention test described overly permissive far different course rational basis test used fourteenth amendment equal protection analysis see railway express agency new york suffices law thought legitimate governmental goal without reference whether inordinate cost require government goal substantial cost carefully calculated moreover since state bears burden justifying restrictions see zauderer supra must affirmatively establish reasonable fit require declining impose addition requirement take account difficulty establishing precision point restrictions become extensive objective requires provide legislative executive branches needed leeway field commercial speech traditionally subject governmental regulation ohralik ohio state bar far eroding essential protections first amendment think disposition strengthens require parity constitutional protection commercial noncommercial speech alike invite dilution simply leveling process force amendment guarantee respect latter kind speech iii finally must address respondents objection even principal first amendment interests asserted involve commercial speech improperly restricted resolution must nonetheless invalidated overbroad since prohibits well fully protected noncommercial speech although true overbreadth analysis normally apply commercial speech see bates state bar arizona supra ohralik supra hoffman estates flipside hoffman estates means statute whose overbreadth consists unlawful restriction commercial speech facially invalidated ground reasoning commercial speech hardy less likely chilled need surrogate litigators see bates state bar arizona supra ohralik ohio state bar supra however although principal attack upon resolution concerned application commercial speech alleged overbreadth application assumed valid consists application noncommercial speech counts cf bigelow virginia hoffman estates flipside hoffman estates supra record us resolution must deemed reach noncommercial speech stipulation entered university stated resolution reaches invited speech end result intent make profit invitee app specifically suny deponent authorized speak behalf university federal rule civil procedure testified resolution prohibit job counseling dormitories another suny official testified prohibit tutoring legal advice medical consultation provided fee students dormitory rooms see examples consist speech profit consist speech proposes commercial transaction defines commercial speech see virginia pharmacy board collecting cases valued forms fully protected speech uttered profit see new york times sullivan buckley valeo per curiam addition clear difference commercial noncommercial speech also important clear difference overbreadth challenge quite obviously rule employed analysis statute regulating commercial speech must narrowly tailored discussed previous portion opinion prevents statute overbroad overbreadth doctrine differs rule principally person invoking rule asserts acts subject litigation fall outside properly drawn prohibition cover put ohralik ohio state bar attacks validity statute facially applied acts solicitation whereas person invoking overbreadth may challenge statute infringes protected speech even statute constitutionally might applied thus bates case established nonapplicability overbreadth analysis commercial speech said appellants expect benefit statute overinclusiveness regardless nature acts framed relevant question appellants advertisement outside scope basic first amendment protection emphasis added overbreadth attack successful statute obviously invalid applications since every person applied defend basis overbreadth successful attack upon restriction grounds contrast assure defense whose commercial solicitation constitutionally proscribed though obviously rationale holding may broad render statute effectively unenforceable see central hudson gas electric public service new york shapero kentucky bar ordinarily principal advantage overbreadth doctrine litigant enables benefit statute unlawful application someone else respondents invocation doctrine present case unusual asserted extensions resolution beyond commercial speech basis overbreadth challenge hypothetical applications third parties applications student respondents part subject complaint testimony adduced trial perhaps reason overbreadth issue district least set forth normal fashion arguing even commercial applications resolution valid noncommercial applications invalidates commercial applications well rather commercial less prominently noncommercial applications attacked merit apparent realization might add part either respondents district separate categories commercial speech noncommercial speech rather simply various types commercial speech issue first amendment doctrine overbreadth designed departure traditional rules standing broadrick oklahoma enable persons unharmed defect statute nevertheless challenge statute ground may conceivably applied unconstitutionally others situations see reason however doctrine may invoked unusual situation plaintiff standing challenge applications statute contends unlawful challenge commercial applications statute assuming moment valid fail unless doctrine overbreadth invoked make little sense reject plaintiffs attack upon statute restriction commercial speech ground applications statute narrowly tailored preclude attacking restriction grounds statute overbroad standing attack overbroad applications directly therefore invoke overbreadth doctrine next week permit person whose noncommercial speech restricted standing attack aspect statute directly succeed attack commercial applications statute overbroad words overbreadth doctrine born expansion law standing produce absurd results limit application strictly context usual judicial practice however consider generally desirable proceed overbreadth issue unnecessarily determined statute valid applied course convert use overbreadth doctrine necessary means vindicating plaintiff right bound statute unconstitutional means mounting gratuitous wholesale attacks upon state federal laws moreover overbreadth question ordinarily difficult resolve since requires determination whether statute overreach substantial absolute matter judged relation statute plainly legitimate sweep broadrick oklahoma supra therefore requires consideration many applications immediately thus reasons relating proper functioning courts efficiency lawfulness particular application law ordinarily decided first present case yet properly determined restrictions respondents commercial speech valid applied fact neither legal issues factual questions involved portion case separately addressed either courts described district held restrictions types speech valid without specifically considering apparently even recognizing presence noncommercial speech appeals reversed without separate analysis noncommercial speech failure apply test held error decline resolve challenges reasons economy also holding respondents produce final judgment favor according relief obtained appeals entered remand result generally impermissible respondents filed certiorari see stern gressman shapiro practice ed reasons indeed fortiori decline resolve issue normally subsequent rejection challenge whether statute overbroad remand case determination pursuant standards described validity law application commercial noncommercial speech subject complaint application speech either category found valid determination whether substantial overbreadth nonetheless makes unenforceable ordered footnotes besides attacking judgment ground appeals misperceived constitutional principles governing restriction commercial speech state argues resolution upheld even speech commercial suny dormitories public forum restrictions constitute permissible time place manner limitations pursuing analysis require us resolve legal factual issues appeals address since find appeals must reversed basis analysis decline go interesting expressive conduct time place manner contexts discussed well established standard apply sometimes used sort necessity language asserted precedential authority standard commercial speech cases example stated restrictions expressive conduct must greater essential city council los angeles taxpayers vincent sustained time place manner restriction curtail ed speech necessary accomplish purpose justice blackmun justice brennan justice marshall join dissenting majority holds analysis apply cases holding able reach recasting good bit contrary language past cases preferred leave question another day dispose case alternative case narrower ground overbreadth respondents failed file issue omission jurisdictional barrier see berkemer mccarty outweighed opportunity overbreadth claim affords avoid substantial revision precedents area commercial speech resolution substantially overbroad potential application noncommercial speech readily apparent university interprets resolution speech dormitory room speaker receives profit speech private commercial enterprise prohibited resolution see ante majority correctly observes ante resolution interpreted prohibits commercial speech speech proposing commercial transaction also wide range speech receives fullest protection first amendment told authoritative university officials resolution prohibits student meeting physician lawyer dorm room doctor lawyer paid visit similarly told resolution prohibits student meeting tutor job counselor dorm room ibid presumably resolution also forbids music lesson dorm form tutoring speech therapist excluded art teacher drama coach public university categorically prevent fully protected expressive activities occurring student dorm room dorm room student residence academic term student surely right use residence expressive activities inconsistent educational mission university needs dorm residents distinction tuba lessons classical guitar lessons drawing lessons stone sculpture lessons comes immediately mind see tinker des moines independent community school district cf kovacs cooper plausibly asserted music art speech writing kinds lessons inconsistent educational mission university categorical prohibition activities means even narrowly tailored protect interests dorm residents possible basis believing psychological vocational counseling incompatible university objectives needs residents thus broad reach resolution squared dictates first amendment important resolution overbreadth undoubtedly substantial relation whatever legitimate scope resolution may see houston hill board airport los angeles jews jesus even assuming university may prohibit forms commercial speech student dorm proposition means obvious precedents resolution impermissible restrictions upon fully protected speech amount considerable portion resolution potential applications resolution makes effort distinguish commercial noncommercial speech narrow scope perceived evil intended address see thornhill alabama sweeps within reach far protected expression tolerable first amendment respect resolution equivalent one struck overbreadth grounds jews jesus supra resolution banned first amendment activities within central terminal area major urban airport prohibiting speech dorm room speaker receives fee resolution case like resolution jews jesus indiscriminately proscribes entire array wholly innocuous expressive activity reason substantially overbroad therefore hold resolution unconstitutional face order avoid chilling protected speech pendency proceedings remand majority concedes must repudiate repeated assertion regulation commercial speech may extensive necessary serve substantial governmental interest order decide analysis apply cases central hudson gas electric public service new york see ante indeed reach result majority must characterize dicta reference analysis zauderer office disciplinary counsel ohio see ante although reference seems integral holding ban attorney advertising issue necessary achievement substantial governmental interest although times suggested challenges decided overbreadth challenges see brockett spokane arcades often felt free otherwise see board airport los angeles jews jesus houston hill choice deciding general question whether governmental restrictions upon commercial speech invalid go beyond least restrictive means achieve desired end ante specific question whether particular resolution void unconstitutional overbreadth surely former question sweeping one terms constitutional law example highly doubtful university prohibit students inviting rooms representative clinic students seek information services clinic provides fee cf bigelow virginia