Question

In Sarver v. Chartier, the federal appeals court stated that the California right-of-publicity law was a:

a) Strict
b) Inconsistent
c) Content-based
d) Protective

Answer 1

The federal appeals court in Sarver v. Chartier ruled that the California right-of-publicity law was described as content-based, which is an exception to the standard requirement for laws limiting speech to be content neutral.

Step-by-step explanation:

In Sarver v. Chartier, the federal appeals court characterized the California right-of-publicity law as content-based. This categorization reflects the principle that while laws limiting speech must generally remain content neutral, there are instances where content-based limitations are permissible when public interests significantly outweigh the rights to individual expression.

Examples include restrictions on obscenity, libel, slander, and subversive speech. However, a content-based law must still pass strict scrutiny, often undergoing judicial review to ensure that it serves a compelling state interest and is narrowly tailored to achieve that interest with the least restrictive means.