Question

The federal appeals court said in Sarver v. Chartier that the California right of publicity law was a content-based regulation of speech and, therefore, would be subjected to:

a) Strict scrutiny
b) Rational basis review
c) Intermediate scrutiny
d) No scrutiny

Answer 1

The federal appeals court said in Sarver v. Chartier that the California right of publicity law was a content-based regulation of speech and, therefore, would be subjected to strict scrutiny.

Step-by-step explanation:

The federal appeals court said in Sarver v. Chartier that the California right of publicity law was a content-based regulation of speech and, therefore, would be subjected to:

1. Strict scrutiny
2. Rational basis review
3. Intermediate scrutiny
4. No scrutiny

In this case, since the California right of publicity law was found to be a content-based regulation of speech, it would be subjected to strict scrutiny. Strict scrutiny is the highest level of scrutiny applied by the courts and requires the government to prove that the law is necessary to achieve a compelling governmental interest and is narrowly tailored to achieve that interest.