Question

A state statute prohibits advertising by any sexually oriented business within 1 mile of the state highways. The state argues that the law protects minors and reduces prostitution. The businesses object, claiming that it is an impermissible restriction on commercial speech. Who should prevail?

Answer 1

In the given case, the law passed by the state will be prevailing as the main objective of this law is to protect the minors from sexually oriented advertisements and provide a safeguard to these minors from these enticing advertisements. Under the first amendment, the freedom to commercial speech is very limited looking at the power of the private organization to dictate and regulate the activities in the society.