The legislature of State Yellow passed a "Fairness in Elections" statute. A major provision of the statute stated that "no newspaper in this state shall publish a political endorsement or an editorial favoring one political candidate or party over another on either the day of election or the day preceding the day of election." The stated purpose for the legislation was to prevent unfair attacks on candidates and to ensure that they would have time to respond to or rebut any published article prior to the election. The Yellow Press was the leading newspaper published in State Yellow. It had a high reputation regionally and was also distributed in states bordering on Yellow. The Yellow Press filed suit in federal court seeking to enjoin enforcement of the statute. The newspaper's best argument for the invalidity of the statute is which of the following?
A. The statute unduly burdens interstate commerce, because the Yellow Press is circulated in other states.
B. The statute unduly interferes with the Yellow Press's property interest in distributing newspapers.
C. The statute unduly restricts the Yellow Press's freedom of speech.
D. The statute violates the Equal Protection Clause, because restrictions are imposed merely on the basis of the day the newspaper is printed, while the same material can be printed on other days.
Choose A, B, C or D as your solution.
C