Discussion Post: Business Law
Use the IRAC approach to help you answer the questions. The State of Pennslyvania decided that e-waste was becoming a major problem. E-waste consists of discarded electronic products (such as computers, televisions, and cell phones). Accordingly it enacted a statute that required all products sold in Pennsylvania 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."
• Setting aside any Commerce Clause concerns for the moment, analyze this state statute under the First Amendment. Does the statute violate the First Amendment?
• Add the following sentence to the facts stated: "The State of Pennsylvania exempted all Pennsylvania manufacturers of products that might become e-waste from bearing that label. The legislative body of Pennsylvania exempted Pennsylvania manufacturers from this requirement because it wanted to ensure that Pennsylvania 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.
The response must include a reference list. One-inch margins, double-space, Using Times New Roman 12 pnt font and APA style of writing and citations.