bolger test
Bolger test. The judicial test for determining whether a statement is commercial speech, by examining (1) whether it is an advertisement; (2) whether it refers to a specific product or service; and (3) whether the speaker has an economic motivation for making the statement. Bolger v. Youngs Drug Prods. Corp., 463 U.S. 60, 66–67, 103 S.Ct. 2875, 2879–80 (1983). • An affirmative answer to all three questions is “strong support” that the speech is commercial, but it is not dispositive; rather, the decision should be based on common sense.
