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Congress passed a law imposing a 50% excise tax on each pack of cigarettes manufactured for sale in the United States. An amendment was successfully
Congress passed a law imposing a 50% excise tax on each pack of cigarettes manufactured for sale in the United States. An amendment was successfully added to the original bill requiring that all proceeds from the tax be used for antismoking advertisements. The amendment included severability language (indicating that if the amendment were stricken for some reason, the remainder of the law should stand). The various tobacco companies were required to pay the tax directly to the federal government. A tobacco company filed suit in the appropriate federal court, contending that the tax should be struck down as a violation of the freedom of speech protected by the First Amendment. Is the court likely to find the tax constitutional? Group of answer choices Yes, because the amendment is severable from the tax bill. No, because it abridges the First Amendment rights of tobacco manufacturers by forcing them to pay for messages with which they may not agree. Yes, because the tax does not force the tobacco companies to speak. No, because it does not provide equal time for the tobacco companies to present their side of the smoking controversy
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