Multistate Bar Examination Practice Question

The ordinance is unconstitutional because a ban on distributing flyers in a traditionally public forum like sidewalks imposes a content-based restriction that infringes on First Amendment rights. While the government has a legitimate interest in reducing litter, the ordinance is not narrowly tailored to meet this goal. Broad prohibitions on expressive activities require strict scrutiny and need to show they are the least restrictive means to achieve the objective, which this ordinance fails to do. Cities could adopt content-neutral measures, such as increased trash receptacles or targeted enforcement of littering laws. Other options are incorrect because they misunderstand the distinction between content-based and content-neutral restrictions or misapply constitutional principles. For instance, regulation of expressive conduct can still constitute a restriction on speech, and the Commerce Clause is irrelevant in this scenario because the city's restriction does not impact interstate commerce.