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A statute of the state of Oz requires all radio stations to set aside one hour of air time per week to be made available

  1. A statute of the state of Oz requires all radio stations to set aside one hour of air time per week to be made available without charge for the broadcasting of spiritually uplifting messages produced by recognized religious organizations. The statute further provides that air time thereby made available shall be equally divided among Jewish, Roman Catholic, and Protestant organizations. A religious organization known as Zen Buddhist League produced a spiritually uplifting program, but was advised by several radio stations that it could not be broadcast under the statute. The Zen Buddhist League has instituted a proceeding in federal court challenging the constitutional validity of the Oz statute. The best reason for finding the statute unconstitutional is that it violates
    1. the Free Exercise Clause, in that it treats religions unequally.
    2. the Establishment Clause, in that it is not closely fitted to furthering a compelling governmental interest.
    3. the Equal Protection Clause, in that it applies only to pay television stations.
    4. the Supremacy Clause, in that broadcasting is an area already subject to extensive federal regulation.

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