Use the following made-up fact pattern to answer parts 1 and 2. Please 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 of responsibly.” 1. Setting aside any Commerce Clause concerns for the moment, analyze this state statute under the First Amendment. Does the statute violate the First Amendment? 2. 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.