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.
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.
Reply to this:
Rule Statement: The state of Zena concluded after many studies that marketing for the day after pills lead to an increase in teenage pregnancies and in turn an increase in state spending in parental care, and birth control-related public services in the state’s budget. They then decided to ban outdoor advertising for the day after pills. Throughout the study, the state also noticed negative growth in employment in the 15-20 age group by 25% over the last 10 years and a decrease of 10% in age groups 20-30 years old. In turn teen pregnancy and teen, populations had increased over this time due to poor timing of actually using the day after pills proving them ineffective. A different independent study concluded that the population of females had decreased in college enrollment and graduation rates from high school, GED programs, Junior College, and State college enrollments. Advocates of teen pregnancy challenged the state of Zena to change its legislation.
Issue: Did The State of Zena violate commercial free speech by passing legislation banning outdoor advertising of “day after birth control contraceptives” from the months of May through September?