Bar Exam (US) Constitutional law: Question below is based on the following fact situation. The A...

Question

Question below is based on the following fact situation.

The American Foundation for AIDS Research (hereafter referred to as Am FAR) embarked on a $2,000,000 advertising campaign highlighting the dangers of unsafe sex and urging the use of condoms. As part of the Am FAR campaign, large billboards have been painted with pictures of brightly colored condoms with captions stating "IF IT DON'T FIT-YOU MUST BE AN IDIOT!" Additionally, as part of its AIDS awareness campaign, Am FAR has sent unsolicited mailings to over 1,000,000 American families. In each envelope, Am FAR has enclosed a condom with a letter explaining the risks of unprotected sex.

After Am FAR started sending condoms in the mail, thousands of Americans became incensed and objected to this type of unsolicited advertising. A group of people calling themselves "Skinheads Against Rubbernecks" 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 in the U.S. mail system. This lobbying effort was successful and Congress passed a law prohibiting "any unsolicited advertising for condoms to be distributed through the U.S. postal system."

Am FAR has challenged the constitutionality of this federal statute. The best argument AGAINST the constitutiona lity of this law is which of the following?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

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