Essay #2 contains two elements worthy of mention here. First, if you spent too much time on essay #1 and you were stressed, rushed, or filled with adrenaline for another reason, you may have assumed from a quick read of the first paragraph that this is a Florida Constitutional Law essay question. Those who rushed or read carelessly might have started thinking about or even outlining an answer before realizing that this essay required a U.S. Constitutional analysis. The lesson here is to remain calm and read.
Second, the last paragraph tells you this is a Federal Constitutional Law question but your task is to prepare a memorandum analyzing whether a California corporation can sue to have a statute declared unconstitutional based on the U.S. Constitution. Most Florida essay questions will ask the examinee to prepare a memorandum. Essay #1 was an exception to this. However, the notable element here is that the memorandum request is fairly open to interpretation. Essays like this scream "racehorse question." Like personal injury or products liability tort questions, there is so much to write about in one hour. It's difficult to adequately cover every possible issue given the time constraints.
As with every Constitutional Law question, you should begin your essay answer by discussing whether FarmCo has standing to bring suit and whether the suit is ripe. You should also write about the 11th Amendment's Sovereign Immunity and argue for or against it using the facts.You probably want to also throw something in your essay about whether the statute is preempted by Federal law or the U.S. Constitution.
Of course, you should spend some time discussing the Dormant Commerce Clause and distinguish it from the Privileges and Immunities Clause of Article IV (i.e. corporations such as Farmco can sue under the Dormant Commerce Clause but not under the Privileges and Immunities Clause of Article IV). Be sure to mention that the state of Florida is not a market participant in citrus growing so that exception to the Dormant Commerce Clause would not apply.
Award yourself bonus points for mentioning the Contract Impairment Clause and discussing whether Florida impaired FarmCo's negotiations with television and radio stations. Remember, use the facts in each paragraph to discuss possible actions in your essay.
FarmCo's chances of getting the statute declared unconstitutional are greatest by arguing that the Florida statute criminalizes commercial speech permitted under the First Amendment of the U.S. Constitution. Most likely, the bulk of your time is spent writing about the 3-part test for commercial speech: The statute must (1) serve a substantial interest, (2) directly advance that interest, and (3) the statute is narrowly tailored. Argue that a state may prohibit false/deceptive ads by pointing to the legislature's second concern in paragraph 1 that some out-of-state citrus growers made false and misleading claims in advertising. The legislative reasons for the bill are in the fact pattern for a reason so it behooves you to discuss them.
As you can see, this essay question provided the examinee with plenty to write about. As I previously stated, my analysis is merely intended as a springboard for your own discussion of how to write a passing answer for this essay.