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Simple English definitions for legal terms
Bolger test
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A quick definition of Bolger test:
The Bolger test is a way for judges to decide if a statement is commercial speech. They look at three things: if it's an advertisement, if it talks about a specific product or service, and if the person saying it wants to make money. If all three are true, it's probably commercial speech, but the judge still needs to use common sense to make a final decision.
A more thorough explanation:
The Bolger test is a way for judges to decide if a statement is commercial speech. To do this, they look at three things:
- Is it an advertisement?
- Does it talk about a specific product or service?
- Does the person saying it want to make money?
If the answer to all three questions is yes, then it's very likely that the statement is commercial speech. But the judge still needs to use common sense to make a final decision.
A company makes a TV commercial for their new car. They show the car driving on a beautiful road and talk about how fast it can go. They also say that it's for sale at their dealership. This is commercial speech because:
- It's an advertisement (a TV commercial).
- It talks about a specific product (the new car).
- The company wants to make money by selling the car.
So, the Bolger test would say that this is commercial speech.