Question
Let's suppose that the State of Oregon decided that e-waste was becoming a major problem. Accordingly, it enacted a statute that required all products sold
Let's suppose that the State of Oregon decided that e-waste was becoming a major problem. Accordingly, it enacted a statute that required all products sold in Oregon that could eventually become e-waste to bear a label with the following statement: "This product will become e-waste, which is harmful to the planet and to you. Dispose responsibly."
1) Setting aside any Commerce Clause concerns for the moment, analyze this statue under the First Amendment. Does the statute violate the First Amendment?
2) Add the following sentence to the facts stated, "The State of Oregon has exempted all Oregon manufacturers of products that might become e-waste from bearing that label." The legislative body in Oregon exempted Oregon manufacturers from this requirement because it wanted to ensure that Oregon manufacturers were relatively well-positioned in the market as compared to other manufacturers. Setting aside any First Amendment concerns for the moment, analyze whether this statute violates the Commerce Clause.
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