On a public ballot, a state legislature places a question relating to legalization of marijuana for medicinal use. In addition, the legislature passes a law that bans corporations from advertising in favor of or opposing the ballot question. T

he basis for this ban is to ensure that corporations do not have too much influence on the voters. Is the ordinance constitutional?

a. Yes, because commercial speech has only partial First Amendment protection.

b. No, because it concerns a question on a public ballot.

c. Yes, because the government is advancing a substantial government interest.

d. No, because the ban includes advertising that may not be protected by the First Amendment.

e. No, because the government has banned politically oriented commercial speech.

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20 February, 21:37

On a public ballot, a state legislature places a question relating to legalization of marijuana for medicinal use. In addition, the legislature passes a law that bans corporations from advertising in favor of or opposing the ballot question. T

he basis for this ban is to ensure that corporations do not have too much influence on the voters. Is the ordinance constitutional?

a. Yes, because commercial speech has only partial First Amendment protection.

b. No, because it concerns a question on a public ballot.

c. Yes, because the government is advancing a substantial government interest.

d. No, because the ban includes advertising that may not be protected by the First Amendment.

e. No, because the government has banned politically oriented commercial speech.

+1

Answers (1)

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Harrell · Answer 1

The ordinance is NOT constitutional because the ban includes advertising that may not be protected by the first amendment.

Explanation:

First Amendment: This is law that prevents the government from making a law which prohibit the free exercise of religion or freedom of speech. It was further extended by the supreme court in 1976 to cover commercial speech