Commercial Speech Discussion Issue and Rule

Case Facts:

The State of Zena’s recently passed legislation banning outdoor advertising for “day after birth control contraceptive” during the months of May – September. This legislation was based several studies which led the State of Zena to conclude that the attempted use day after birth control contraceptives was leading to an increase in teenage pregnancies, which negatively impacted the State’s population and budget.

State Medicaid expenses for teenage pregnancies were rising. From 201- 2015 pregnancies in the 15 – 20-year-old population, resulting in births January -April had risen 25%.  Costs of Medicaid prenatal care had increased from 2010 – 2015 as had the Medicaid expenditures for infant care. Ultimately, costs of Public assistance expenditures had increased during this time.

During this same time studies showed negative growth in employment in the 15 – 20 age group, declining 25% in the past ten years. Female job seekers of the 20 – 30-year-old population had declined 10 % and the number of part-time summer jobs had shrunk from 2010- 2015.

Another study showed the use of day after birth control contraceptives has increased in our teenage population; however, their use has been improper – often accessing the contraceptive after its effective timing. 

An independent study had been tracking high school, GED, Junior college and State college enrollment and graduation figures. Entrance and graduation rates for you females had declined across all education categories.

Teen Pregnancy Advocates desire to challenge this legislation.  You are to prepare an IRAC to consider the strength of such a challenge based on the facts provided.

• Write an issue statement following these guidelines:
  • Prior to ISSUE:, present a fact summary in your own words.
  • Constitutional Issue Statements – identify legal theory in question in its broadest terms. Freedom of speech not commercial speech – your rule statement and analysis will include those.

• Identify source of protection or guarantee which may have been violated.
• Name actor who may have violated protection &
• act leading to potential violation.

• Write a Rule Statement:
  • Start with the General Rule Statement
  • Follow with elements of the general rule
  • Do not include facts of case, name of current or former cases

Commercial Speech Discussion Issue and Rule Answer

The State of Zena had enacted a law banning any outdoor advertising for “day after birth control contraception” between the months of May and September. The basis of the law was the several studies conducted about the increasing number of teenage using contraceptives, increasing number of teenage pregnancies, the cost of teenage pregnancies, and negative growth in employment as a result of teenage pregnancies. The State pass the law as a response and initiative to resolve the growing phenomenon of pregnancies among teenagers.good