Question

The Federal Communications Commission ("FCC") issued a lengthy set of regulations regarding personal radar detectors. The regulations deal with the safety of such detectors and the frequencies on which they may operate, so as not to interfere with FCC-licensed radio and television stations or with radar used by commercial airliners and private aircraft.

May a state constitutionally ban the use of radar detectors on its roads?

A. No, because the regulation of radio transmissions is within the purview of the FCC rather than the states, and state laws that attempt to regulate devices such as radar detectors are preempted.

B. No, because such a ban would burden interstate commerce.

C. Yes, because such a ban would operate only within the state.

D. Yes, because the state has a legitimate interest in regulating the use of radar detectors in order to promote safe driving.

Answer 1

D.

Step-by-step explanation:

The state may ban the radar detectors. States may regulate local aspects of interstate commerce as long as the local regulation does not conflic with, or is not preempted by, federal regulation and the regulation meet:

The regulation does not discriminate against out-of-state competition in order to benefit local economic interest.

The incidental burden on interstate commerce does not outweight the local benefits of the regulation.