A state legislature passes a law prohibiting billboard advertisements for medical marijuana within 500 feet of schools, daycare centers, or playgrounds. A company selling medical marijuana challenges the law, claiming it infringes upon its commercial speech rights under the First Amendment. How should a court evaluate the constitutionality of this law?
The law is unconstitutional because it fails to demonstrate a clearly defined government interest and is overly broad in its application.
The law is constitutional because the First Amendment allows some restrictions on commercial speech, particularly when regulating potentially harmful products.
The law is constitutional because it seeks to protect children from exposure to drug-related advertisements and is narrowly tailored to achieve its purpose.
The law is unconstitutional because it restricts commercial speech by banning billboard advertisements for medical marijuana.
The correct answer applies the Central Hudson test, the standard used to assess restrictions on commercial speech. Under this framework, courts evaluate whether: (1) the commercial speech is lawful and not misleading, (2) the government has a substantial interest, (3) the law directly advances that interest, and (4) the restriction is no more extensive than necessary to achieve the purpose. Protecting children from exposure to advertisements for an age-restricted product like medical marijuana is a substantial government interest. The restriction directly advances this interest by targeting areas where children are present, and it is narrowly tailored because it applies only to specific locations near schools, daycare centers, and playgrounds. Other answers misinterpret the framework or misstate the balance of interests necessary for the law to be upheld.
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