Multistate Bar Examination Practice Question

The contractor is likely to succeed because the law imposes an unconstitutional condition. The unconstitutional conditions doctrine prohibits the government from conditioning the receipt of public benefits, such as funding, on the forfeiture of a constitutional right. In this instance, the state is compelling the contractor to waive its right to freedom of association, which is protected under the First Amendment. The government may only impose such conditions if they are narrowly tailored and serve a compelling governmental interest, which the state is unlikely to demonstrate here. Other answers are incorrect because they fail to recognize the infringement on constitutional rights or rely on inapplicable doctrines like the contracts clause, which does not govern this issue.