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question

In an attempt to promote safe sex a foundation began sending condoms in the mail. Thousands of Americans became incensed and objected to this type of unsolicited advertising. A group of people started a nationwide campaign against the use of condoms. This new organization also started a strong lobbying movement to have Congress pass legislation prohibiting the distribution of condoms by using the U. S. postal system. Assume that the lobbying effort was successful, and Congress passed a law prohibiting any unsolicited advertising for condoms to be distributed through the U. S. postal system. The foundation has challenged the constitutionality of this federal statute. The best argument against the constitutionality of this law is which of the following?

choices

  1. The statute is invalid because it violates the First Amendment protection of commercial free speech.
  2. The statute is invalid because it unduly burdens interstate commerce.
  3. The statute is invalid because it violates the Fifth Amendment right of privacy.
  4. The statute is invalid because it violates the equal protection clause of the Fourteenth Amendment.

subject

professional_law

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