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Homework answers / question archive / After examining studies indicating that drinking soda pop was directly related to the incidence of tooth decay, the legislature of the state of Tenacka enacted a law prohibiting the advertising of any soda pop in all media

After examining studies indicating that drinking soda pop was directly related to the incidence of tooth decay, the legislature of the state of Tenacka enacted a law prohibiting the advertising of any soda pop in all media

Law

  1. After examining studies indicating that drinking soda pop was directly related to the incidence of tooth decay, the legislature of the state of Tenacka enacted a law prohibiting the advertising of any soda pop in all media. This included radio, television, and any advertisement on the internet. Which of the following is the clearest reason for holding the law to be unconstitutional?
    1. A state may not interfere with commercial speech.
    2. The sale of soda pop frequently involves interstate commerce.
    3. The law imposes a prior restraint on publication.
    4. There are less restrictive ways of protecting the public against tooth decay which would be equally effective.

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A state may not interfere with commercial speech.

Step-by-step explanation

The law prohibits the advertising of any soda pop in all media. This includes radio, television, and any advertisement on the internet. This restriction on commercial speech is unconstitutional because it is not narrowly tailored to achieve a compelling state interest. There are less restrictive ways of protecting the public against tooth decay which would be equally effective. For example, nondiscriminatory banning of vending machines in schools, requiring health warnings on all soda pop cans, and increasing taxes on soda pop are all less restrictive ways of protecting the public against tooth decay which would be equally effective.

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