The State of Montana passed a statute that prohibits all…

The State of Montana passed a statute that prohibits all…

The State of Montana passed a statute that prohibits all advertising

related to the promotion of alcoholic beverages. Moors Liquor Company is interested in challenging the legality of this statue. Select the best response from the following:

A) Moors would have to file a complain in a trial court and allege that the state statute is unconstitutional because it violates both the First Amendment and the Commerce Clause of the U.S. Constitution.

B) Moors would have to go to the state legislature and give a presentation to the legislative body stating why the statute is unconstitutional.

C) In order to prevail in constitutional claim, Moors must be able to prove that there is state action.

D) Moors has no viable legal action since this statute was passed by the legislature and a private company lacks standing to challenge this action.

E) Two of the above.