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Multistate Bar Examination Practice Question

A state legislature passes a law banning the distribution of flyers criticizing the government, claiming the law is necessary to promote civil harmony and prevent social unrest. An individual challenges the law as unconstitutional under the First Amendment. How should the court evaluate the constitutionality of this law?

  • The court will consider whether the law’s effects on speech are incidental and whether it serves a legitimate state interest.

  • The court will apply intermediate scrutiny, assessing whether the law is substantially related to an important governmental interest.

  • The court will apply strict scrutiny, requiring the state to show a compelling interest and that the ban is narrowly tailored to achieve that interest.

  • The court will uphold the law if it finds the government acted reasonably to promote public order and prevent discord.

Multistate Bar Examination
Constitutional Law
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