Pay transparency law supporters have argued successfully that there is a compelling interest in closing gender and racial wage gaps and that salary range information can be mandated in job listings for that purpose. What's the compelling interest in this case that allows the government to control speech?
Regarding First Amendment conflicts with commercial speech, the Supreme Court described its four-step analysis in Central Hudson Gas & Elec. v. Public Svc. Comm'n, 447 U.S. 557 (1980) (stating “For commercial speech to come within the First Amendment, it at least must concern lawful activity and not be misleading.”) Hence, the FTC Division of Advertising Practices (DAP) <https://www.ftc.gov/about-ftc/bureaus-offices/bureau-consume...> has survived legal scrutiny of its enforcement authority due to its compelling interest in fair public markets.
As the Congressional Research Service pointed out, FTC enforcement actions regarding ghost jobs would be difficult, since employer intent is not easily discoverable and consumer harm not easily quantifiable. On the other hand, “While employers generally do not have a legal duty to respond to job applicants, differing responses based on protected characteristics could violate Title VII of the Civil Rights Act of 1964 or other employment laws.” page 2, <https://www.congress.gov/crs_external_products/IF/PDF/IF1297...>
For instance, if an employer used job postings to hire from certain countries or age groups, this would likely violate Title VII since national origin and age are protected classes under Title VII, eg Mobley v Workday (where plaintiffs argue the Workday job postings platform violated Title VII) <https://www.pleasantonweekly.com/courts/2025/08/21/judge-ord...>