A statute of the state of Kiowa provided state monetary grants to private dance, theater, and opera groups located in that state. The statute required recipients of such grants to use the granted monies for the acquisition, construction, and maintenance of appropriate facilities for the public performance of their performing arts. The last section of the statute conditioned the award of each such grant on the recipient’s agreement to refrain from all kinds of political lobbying calculated to secure additional tax support for the performing arts.
The strongest constitutional basis for an attack upon the validity of the last section of the statute would be based upon the:
A. Commerce Clause.
B. Obligation of Contracts Clause.
C. Fifth Amendment.
D. First and Fourteenth Amendments.
{ 9 comments… read them below or add one }
Answer D is correct. A state has the power to exercise the spending power for the general welfare. The only limitation on its exercise is that a condition imposed upon the grant contain an unconstitutional condition. The restriction of the political free speech of a recipient is a restriction on the content of its speech and probably could be sustained only if the state demonstrated a compelling state interest.
Answer A is incorrect. The restriction on free speech does not in any way discriminate against interstate commerce.
Answer B is incorrect. There is no contract in the fact pattern that the state is attempting to cancel.
Answer C is incorrect. The Fifth Amendment is not applicable to the states. Moreover, none of the restrictions in the Fifth Amendment apply to this fact pattern.
d
because 1st amendment issues and equal protection
The answer is D both by process of elimination and the 1st amendment right to freedom of speech.
D because BV said so
answer D.
D.
D is correct.
Answer D
D is the right answer, the only close answer is A, the commerce clause but the state can grant its own citizens money, grants or subsidies under the exception and therefore A is incorrect. Because it restricts recepient from all kind of political lobbying calculated to secure additional tax support, it is burdening First amendment and therefore D is correct.