Business law | BUS1038 | SOUTH UNIVERSITY
No, the TABC’s ruling was not determined to be an unconstitutional restriction of commercial speech. The U.S. Supreme Court has held that restrictions on commercial speech may be permissible if they are “reasonably related” to a substantial government interest and do not impose an undue burden on communication. In this case, the state was attempting to prevent alcohol labels from using certain gestures associated with gang affiliation in order to protect public safety and reduce public disorder, which is a legitimate government interest. Therefore, the TABC’s decision was deemed appropriate by the court system.