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Commercial Speech Discussion:  Application and Conclusion Post Due 9/20 and Reply Due 9/22 

As we finish our Commercial Speech discussion a complex fact pattern  drives your analysis.  As you approach these discussions please notice that there is always at least a day between the post due date and the reply due date.  That is to allow you to take the time and review your understanding of both the writing process and the substantive law before you enter a reply.  If you are entering a reply immediately after writing your post it is unlikely you are benefiting from this process. Please be sure to take a look at files available to you in Canvas regarding Commercial Speech and Constitutional Law IRAC formation. 

Case Facts:

The State of Zena’s recently passed legislation banning outdoor advertising for “day after birth control contraceptive” during the months of May – September. This legislation was based several studies which led the State of Zena to conclude that the attempted use day after birth control contraceptives was leading to an increase in teenage pregnancies, which negatively impacted the State’s population and budget.

State Medicaid expenses for teenage pregnancies were rising. From 201- 2015 pregnancies in the 15 – 20-year-old population, resulting in births January -April had risen 25%.  Costs of Medicaid prenatal care had increased from 2010 – 2015 as had the Medicaid expenditures for infant care. Ultimately, costs of Public assistance expenditures had increased during this time.

During this same time studies showed negative growth in employment in the 15 – 20 age group, declining 25% in the past ten years. Female job seekers of the 20 – 30-year-old population had declined 10 % and the number of part-time summer jobs had shrunk from 2010- 2015.

Another study showed the use of day after birth control contraceptives has increased in our teenage population; however, their use has been improper – often accessing the contraceptive after its effective timing.  

An independent study had been tracking high school, GED, Junior college and State college enrollment and graduation figures. Entrance and graduation rates for you females had declined across all education categories.

Teen Pregnancy Advocates desire to challenge this legislation.  You are to prepare an IRAC to consider the strength of such a challenge based on the facts provided. 

Write an Analysis statement following these guidelines:

Constitutional Analysis Statements

Preceding the ANALYSIS label present your summary of the case facts

The Analysis must present legal rule and case facts in an alternating pattern starting with the General Rule. It brings in prior case law (obtained from text or Canvas Supplemental Materials) to support the understanding of the application of the rule to the facts. In doing so something must be told of the referenced prior case law to help the reader understand its relevance. 

The analysis is not argumentative in tone and does not state a conclusion. It tells a complete story without leaving out rules merely because they might be unfavorable to your position.

Conclusion Statement.

Following your analysis statement properly label your conclusion and here in a single sentence answer the appropriately raised  question of the issue statement providing a because of why statement. 

Bersabeh Dilanchian:

Analysis: During the months of May-September, the state of Zena has banned outdoor advertising for “day after birth control contraceptive” due to a new legislation that has passed. Studies had led the state to believe that these day after birth control contraceptives led to an increase in teenage pregnancies, which negatively impacted the state’s population and budget. State Medicaid expenses for teenage pregnancies were rising and during this same time studies showed negative growth in employment. In a preexisting case, BAD FROG BREWERY, INC., Plaintiff-Appellant, v. NEW YORK STATE LIQUOR AUTHORITY, the plaintiff argued that, “Bad Frog does not dispute that the frog depicted in the label artwork is making the gesture generally known as ‘giving the finger’ and that the gesture is widely regarded as an offensive insult, conveying a message that the company has characterized as ‘traditionally . negative and nasty”” (1). The state believed that the Bad Frog beer’s artwork gestures that the frog is “giving the finger.” The plaintiff believes, “NYSLA gave inadequate consideration to alternatives to this blanket suppression of commercial speech” (8).

Issue: Did the State of Zena violate the first and 14th amendment when they banned outdoor advertising for “day after birth control contraceptive”?

Conclusion: The first amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition and the Amendment 14, Section 1 (1968) extends the Due Process and Equal Protection clauses of the U.S. Constitution to state action. Banning outdoor advertising for “day after birth control contraceptive” goes against the first and fourteenth amendment. If the Federal law prohibits the state to go against Commercial Speech because it falls under the U.S. Constitution then the state of Zena did go against it