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In response to the ongoing novel coronavirus pandemic, Congress enacts a new law that, among other things, concerns face coverings. The new law re- quires
In response to the ongoing novel coronavirus pandemic, Congress enacts a new law that, among other things, concerns face coverings. The new law re- quires manufacturers and retailers of masks and face coverings to attach a physical tag to each mask manufactured and sold. The new tag must include the following two statements: 1. Mandatory Statement. All tags must prominently include this state- ment: "Face coverings are the simplest and most effective means of halting the spread of COVID-19." 2. Efficacy Disclosure. Different types of face coverings are subject to different statements concerning their efficacy. Tags attached to masks made of non-woven materials must say, "This mask is highly effective." Tags attached to woven masks with three or more layers must say, "This mask is moderately effective." And tags attached to woven masks with fewer than three layers must say, "This mask is not effective." A mask manufacturer files suit in the D.C. Circuit, seeking to invalidate the tag requirements on First Amendment grounds. You're the district judge hearing this case. Who should win? Explain your answer. Should both state- ments be treated similarly? Why or why not? In your analysis, be sure to identify the applicable standard of scrutiny and explain whether the law passes or fails that standard. If you need more infor- mation, say so and explain how that information would influence your analysis
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