Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest
A) and goes no further than necessary to achieve its purpose.
B) without regard to how "far" it goes.
C) and the parties affected by it can elect how "far" to go in applying it.
D) and goes further than necessary to ensure full coverage.

Question

Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest​
A) ​and goes no further than necessary to achieve its purpose.
B) ​without regard to how "far" it goes.
C) ​and the parties affected by it can elect how "far" to go in applying it.
D) and goes further than necessary to ensure full coverage.

Quizplus · Accepted Answer

The ARA must not go further than necessary to achieve its purpose, but it can go as far as necessary to directly advance a substantial government interest. The requirement that it not go further than necessary is a necessary part of the strict scrutiny test for analyzing the constitutionality of a law that infringes on free speech rights.

Congress Enacts the Ad Restriction Act (ARA) to Limit Advertising