You supervisor has forwarded the following statement to you and asked you to analyze the situation. You got this assignment because you are the one who has most recently studied the constitutional right of free speech in America.
To: Underpaid recent corporate hire
From: Remote Supervisor
In Re: Marketing Shut Down Order
Dear Underling:
I hope you are enjoying your new position here at “Wholesale Body Parts.” We recently started a state wide advertising campaign offering to help pay for the funeral expenses of anyone who contracted to allow us to harvest their vital organs for resale after they died. We quickly got a request from the state that we stop this marketing plan since it interfered with the effectiveness of the voluntary organ donor program operated by the state. Naturally, we refused the state’s request. Shortly after that we received new regulations from the state’s Board of Medical Review declaring that all advertising campaigns promoting the private purchase of body parts are illegal in our state.
My questions to you are:Does our advertising qualify as free speech under the constitution?
Can the government regulate this speech?
If the government can regulate this speech, what are the standards to determine if this regulation is constitutional?
Should we just do what the government wants or should we fight this in court?
Sample Solution