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In the spring of 2015, an ad posted throughout the London subway system created controversy. Designed to sell dietary supplements, it showed a very young,

In the spring of 2015, an ad posted throughout the London subway system created controversy. Designed to sell dietary supplements, it showed a very young, very thin model in a bright yellow bikini looking sexily at passengers, with the tag line, "Are you beach ready?" In June 2016 London's mayor Sadiq Khan banned such so-called "fat-shaming" ads--those that tend to make young women feel self-conscious about their bodiesfrom public transportation.

Use the Central Hudson test to evaluate the issue and to answer (a) and (b):

  • Address the government interest in prohibiting such ads. For example, are the interests in protecting public health concerns, body shaming, etc. "substantial?"
  • Consider whether outright bans on such advertisements is a narrowly tailored means of achieving this interest.
  • How could the ban be more narrowly tailored and still achieve the goal of limiting fat shaming and promoting health body images?

Questions:

(a) What are the arguments in favor and against such a ban?

(b) If an American mayor imposed such a ban, what would the legal challenge look like and what would be the likely result?

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