<Li> Whether the regulation "directly advances" that government interest </Li> <Li> Whether the regulation is no more extensive than necessary to serve that interest </Li> <P> Until the 1976 Supreme Court case Virginia State Pharmacy Board v. Virginia Citizens Consumer Council, commercial speech in the United States was viewed as an "unprotected" category of speech beyond the pale of First Amendment protection . Indeed, the idea of commercial speech was first introduced by the Supreme Court when it upheld Valentine v. Chrestensen in 1942, which ruled that commercial speech in public is not constitutionally protected . In upholding the regulation, the Supreme Court said, "We are...clear that the Constitution imposes...no restraint on government as respects purely commercial advertising". This ruling, however, would be overturned with Virginia State Pharmacy Board v. Virginia Citizens Consumer Council (1976) and Central Hudson Gas & Electric Corp. v. Public Service Commission (1980). </P> <P> The Court has recognized that commercial speech does not fall outside the purview of the First Amendment and has afforded commercial speech a measure of First Amendment protection "commensurate" with its position in relation to other constitutionally guaranteed expression . The Court has set forth a framework for analyzing commercial speech under intermediate scrutiny: </P>

Which supreme court case forms the basis for commercial speech protection today