MBE Sample – Question 13 - Actual
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MBE Sample - Question 13
A state law prohibits any barbershop licensed by the state from displaying posters in support of any current candidate for public office or displaying or distributing any campaign literature in support of such a candidate. No other kinds of posters or literature are subject to this prohibition, nor are any other types of commercial establishments in the state subject to similar prohibitions.
Is this law constitutional?
A
No, because it treats barbershops differently from other commercial establishments.
B
No, because it imposes a restriction on the content or subject matter of speech in the absence of any evidence that such a restriction is necessary to serve a compelling state interest.
C
Yes, because it leaves political candidates free to communicate their campaign messages to voters by other means.
D
Yes, because the operation of a licensed barbershop is a privilege and therefore is subject to any reasonable restriction imposed by the state.
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