Question

Members of Congress have received numerous complaints about an off-road vehicle called Liferisk. It has three balloon-tire wheels and a 200 horsepower engine. It is designed to drive over any surface at speeds up to 80 miles per hour. Several people have been killed when their Liferisks overturned, and a number of others have been injured. Congress debated forbidding the manufacture of Liferisk, but it is made by an American company and is exported quite successfully overseas, thereby helping Americas balance of payments. Instead, Congress made it illegal to advertise Liferisk in the United States. (No one argues Liferisks ads are misleading or deceptive.) Liferisks manufacturer asks a federal court to declare the law a violation of the manufacturers First Amendment rights. How should the court rule? Why?

Answer

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