37. In defending against this prosecution in a state trial court, the argument that would be the best defense for the corner store is that the statute violates the

A corner store displays publicly and sells magazines containing violent and sexually explicit pictures. The owner of this store is prosecuted under the above statute for these actions.

A state statute prohibits any retailer of books, magazines, pictures, or posters from «publicly displaying or selling to any person any material that may be harmful to minors because of the violent or sexually explicit nature of its pictorial content.» Violation of this statute is a misdemeanor.

First Amendment as it is incorporated into the Fourteenth Amendment, because the statute is excessively vague and overbroad
First Amendment as it is incorporated into the Fourteenth Amendment, because a state may not prohibit the sale of violent or sexually explicit material in the absence of proof that the material is utterly without any redeeming value in the marketplace of ideas
Equal protection of the laws clause, because the statute irrationally treats violent and sexually explicit material that is pictorial differently from such material that is composed wholly of printed words
Equal protection of the laws clause, because the statute irrationally distinguishes between violent and sexually explicit pictorial material that may harm minors and such material that may harm only adults

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37. In defending against this prosecution in a state trial court, the argument that would be the best defense for the corner store is that the statute violates the

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