Reference no: EM132908029

The state of California adopts a law banning advertising for all pesticides. The statute is immediately challenged by pesticide manufacturers.

The state argues that the use of such products by homeowners and others is causing a serious pollution problem in the state's streams and rivers, and that the use of pesticides is killing fish and other aquatic species. State biologists have produced a report that proves that nearly 30% of all fish killed in rivers and streams die from pesticide poisoning. The state argues that while it cannot ban the use of the chemicals, if pesticides are not advertised, the sale of pesticides will drop substantially, and this will help the water pollution problem.

Pesticide manufacturers admit that the runoff of chemical pesticides does cause a problem in some bodies of water, but they argue that most pesticides-55%-sold today are not harmful to any form of life, including fish. 30% of all pesticides sold do not contain chemicals, but are produced from natural substances. Finally, they say the state has not produced any studies to show that a ban on advertising will reduce the use of pesticides. In other states where this approach was tried, sales remained unchanged, the manufacturers claim. Pesticide manufacturers argue that the law violates the First Amendment.

Outline the test the court will use to evaluate whether this new law is constitutional.

Apply this test to the pesticide law, and determine whether the state could constitutionally ban the advertising of all pesticides.

Write a response that addresses the following questions about the case study:

What other types of products could also be banned? Can you justify this type of regulation?

How do these laws apply to a state's tobacco regulation?