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MMLU / Litigation arose in the courts of a state when the Secretary of Commerce…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

Litigation arose in the courts of a state when the Secretary of Commerce attempted to stop a man from sending his new advertising brochures through the mail. Under the Secretary's interpretation, the new brochures contained obscene photographs and sexually suggestive language. The Secretary was acting under authority given to him by Section 1123(b) of state statute, which provided:"Whenever the Secretary of Commerce shall determine that a commercial mailing to residents of the state is inappropriate for minors, the Secretary shall have the authority to prohibit such mailing. "The case reached the highest court in the state, which held that the statute was unconstitutional, being in violation of both the commerce clause and the supremacy clause. If this case is reviewed by the U. S. Supreme Court, it will reach that court

choices

  1. by appeal.
  2. by certiorari.
  3. if five justices vote to review it.
  4. despite the doctrine of adequate and independent state grounds.

subject

professional_law

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Source and history

Official source

initial import