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In 1995, a Popular Chewing Gum Manufacturer Decided to Market

Question 73

Multiple Choice

In 1995, a popular chewing gum manufacturer decided to market a new line of gum in the state of New York, claiming use of its product would whiten one's teeth.However, scientific studies found the opposite to be true, and eventually the government forced the company to remove the claim from the product's packaging.Why was the chewing gum manufacturer's speech not protected under the First Amendment?


A) An advertising claim does not have full protection under the First Amendment because it is not political speech.
B) The Supreme Court ruled that the false advertising constituted an uncompensated "taking" under the Fifth Amendment.
C) Only individuals possess First Amendment rights; businesses do not.
D) It was a state issue, and the speech was not protected under the First Amendment of the U.S.Constitution.
E) Though advertising used to be considered protected under the First Amendment, a 1994 Supreme Court case removed this protection.

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