Question: onstitutional Principles - But What If . . . za took her car to her regular mechanic, who had a private business. The mechanic often
onstitutional PrinciplesBut What If
za took her car to her regular mechanic, who had a private business. The mechanic often advertised on billboards, writing "Reliable fixes and low costs" and "The cheapest prices." After getting her engine checked,
e incurred over $ in costs. Out of curiosity, she went to a competing private firm that also fixed cars, and the private firm said that she paid significantly more to her mechanic than the costs of both the parts
d labor. Eliza sued her mechanic, alleging that she had been misled by her mechanics advertisements. The court applied the Central Hudson test, and found the mechanic's advertisements were misleading. The
echanic argued that pursuant to his first amendment rights, his speech was protected, especially because they were generalizations that should not have been taken literally. The court ruled in favor of Eliza, ordering
mechanic to pay Eliza for damages and to take the advertisements down.
that if the facts of the case were different? Select the appropriate set of facts below that would change the outcome of the case.
Mutiple Choice
The court found that the advertisements were not inherently misleading. However, it did find that regulating the advertisement in question was more extensive than necessary to protect the public interest
The court found that the advertising in question constituted commercial speech.
The court found that the advertisements in question did not advance the state's interest.
The court finds that the speech in the advertisements is not misleading, but that the state's interest would be advanced if the advertising in question were restricted.
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