New Jersey enacts a statute that bans all advertising that is in "bad taste," "vulgar," or "indecent." In Trenton, Brendon Smith and his brother, Robert Smith, create unique whiskey that they decide to call Old Fart Bourbon. The label features a disheveled old man in a stained T$-$shirt sitting in a rocking chair, belching, with a bottle of Old Fart Bourbon in his hand. The New Jersey liquor commission orders all New Jersey restaurants, bars, and grocery stores to remove Old Fart Bourbon from their shelves. The state statute and the commission's order are likely to be held by a court to be: