Ch 4

Under the First Amendment, in comparison with commercial speech, the protection given obscene speech is

*Non-existent* - there is no protection for obscene speech

True

*The national government has the implied power to undertake actions necessary to carry out its expressly designated powers* Corporations enjoy many of the same rights and privileges as natural persons do. *Under the Ninth Amendment, people have rights in addition to those specified in the Constitution.* Speech can be subject to reasonable restrictions. *When religious practices work against public policy, the government can act.*

Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest

*and goes no further than necessary to achieve its objective*

Peoples Rights Organization (PRO), a political lobbying group, wants a certain policy enacted into law. If PRO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

*none of these choices* bc constitution upholds the final law

Who determines the line between the state and the national powers?

*the courts*

A statute enacted by the Wyoming state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will weigh the burden that it imposes on interstate commerce against

*the state's interest in regulating the matter*

Substantive Due Process

- *Focuses on the content of legislation* rather than the fairness of procedures. - *Limits what the government may do in its legislative and executive capacities*. TRUE: *A law that limits a fundamental right may be held to violate substantive due process* FALSE: *Substantive due process requires that a person have an opportunity to object to a proposed action before a fair, neutral decision maker.* Ex: Jared claims that a Kentucky state statute infringes on his "substantive due process" rights. This claim focuses on: *the content of the statute*

Procedural Due Process

- Requires that *any government decision to take life, liberty, or property must be made fairly*. - The *government must also give a person proper notice and an opportunity to be heard*. FALSE: *Procedural due process focuses on the content of legislation.* - this is substantive due process Ex: Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on: *procedures used in making decisions to take life, liberty, or property*

Congress

- legislative branch of our government - creates laws - made up of senate and house of reps FALSE: *Only Congress may pass a law in conflict with the Constitution.*

Due Process

- provisions in the Fifth and Fourteenth Amendments - guarantee that no person shall be deprived of life, liberty, or property without due process of law - applies to "legal persons," such as corporations, as well as to individuals Ex: River City enacts an ordinance that prohibits all advertising on the sides of trucks. A court would likely review this ordinance under the principles of *due process*

Commercial vs Noncommercial Speech

Commercial - more extensive - individual states in his or her own advertisement Noncommercial - not as extensive - individual states to reporter who states it in advertisement Ex: Under the First Amendment, in comparison with commercial speech, the protection given obscene speech is *non-existent* Ex: Taco Hot Dogs, Inc., regularly advertises its products. Under the First Amendment, in comparison with noncommercial speech, the protection given these ads is: *not as extensive*

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state TRUE: *Under the full faith and credit clause, any judicial decision in one state with respect to contract rights will be honored and enforced in all states*

Privacy Rights

Ex: John, a law enforcement official, monitors Kelsey's Internet activities—e-mail and website visits—to gain access to her personal financial data and student information. This may violate Kelsey's right to *privacy* TRUE: *The United States Supreme Court has held that a constitutional right to privacy is implied by several of the amendments in the Bill of Rights.* FALSE: *Privacy rights receive no protection under federal law*

Supremacy Clause

Preemption: A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws TRUE: *Preemption occurs when Congress chooses to act exclusively on a subject over which the federal government shares power with the states.* Ex: A rule issued by the federal Environmental Protection Agency (EPA) limits the amount of carbon that can be emitted from a car's exhaust system. California state law prescribes much higher limits. Under the U.S. Constitution:*EPA rule takes precedence* Ex: Federal regulations concerning medical devices directly conflict with a certain state law. Under the U.S. Constitution, which law takes precedence is determined by *supremacy clause* Ex: Leah, a citizen of Maine, *obtains a federal license* to operate a commercial fishing boat in a certain area off the Maine coast. The *Maine state legislature enacts a law that bans all commercial fishing in that area*. Most likely, the state law violates: *the supremacy clause*

Establishment Clause

Prohibits government from establishing a state-sponsored religion, or passing laws that favor one over the other Ex: Georgia *enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches* that provide certain services to persons whose income is below the poverty level. Price-Lo Stores files a suit to block the law's enforcement. The court would likely hold that this law violates *the establishment clause*

Equal Protection Clause

The *provision in the 14th Amendment* that *requires state governments to treat similarly situated individuals (or businesses) in a similar manner*. FALSE: - *Equal protection means that the government must treat all individuals the same* - this is false bc it means that state govs are required to treat SIMILAR individuals or businesses in similar matter - *A law based on a suspect trait will not stand under the equal protection clause even if it is necessary to promote a compelling government interest.* Ex: To reduce traffic, Market Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of: *equal protection*

False

The U.S. Constitution divides powers among four branches of government *State governments do not have any authority to regulate interstate commerce* When there is a direct conflict between a federal law and a state law, both laws are rendered invalid. Nonverbal expression of belief is not a constitutionally protected form of expression. *If a restriction imposed by the government is content neutral, then a court will not allow it.* *A state may not restrict certain kinds of advertising, even in the interest of preventing consumers from being misled* The Fifth Amendment allows persons to be deprived of property without due process of law *In situations involving fundamental rights, a law that rationally relates to a legitimate government end will be struck down.*

Free Exercise Clause

The provision in the First Amendment that *prohibits the government from interfering with people's religious practices or forms of worship* FALSE: *The free exercise clause prohibits the government from passing laws that have any impact on religion.*

Bill of Rights

embodies *a series of protections for the individual against government action* True: *The first ten amendments to the constitution are the Bill of Rights* FALSE: *The rights secured by the Bill of Rights are absolute.*

Nick, the chief executive officer of On/Off Inc., a website for short rants, claims that certain government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

federal and state actions

A federal form of government

federal government and *states* share sovereign power

First Amendment

freedom of religion, speech, assembly press, grievances - unprotected speech = threats and obscene speech True: *Political speech by corporations falls within the protection of the First Amendment.* Ex: Beverly creates a website to post threatening messages about celebrities. Under the First Amendment, these messages are most likely protected: *none of the time* Ex: Pat stands in front of Rooster's Round-Up Café, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech *none of the time* - bc people will respond violently Ex: Rita, a follower of a certain religion, posts a podcast on the Sabbath! website in which she insists that Congress base all federal law on her religious principles. Under the First Amendment, Rita is guaranteed *the freedoms of religion and speech* Ex: The members of Citizens Aware believe that a recently enacted federal law is unconstitutional. They write and sign a petition to the government to repeal the law, refuse to obey it, and stop others from complying with it. Under the First Amendment, these individuals have a right to: *petition the government* Ex: Lake City enacts an ordinance that bans the distribution of all printed materials on city streets. Mackensie opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In her suit against Lake City, a court would likely hold the ban on printed materials to be: *unconstitutional under the first amendment* Ex: Mary creates a t-shirt design that expresses support for Nash, a presidential candidate, and distributes t-shirts to all of her friends. The t-shirts are an example of: *symbolic speech* Ex: George burns a U.S. flag in his backyard. He films the activity and posts the video on YouTube.com. George's conduct is most likely: *protected by the First Amendment* - this is protected bc it is not a threat nor is it obscene Ex: Petro Energy Corporation expresses opinions on political issues through its financial contributions to political action committees and other groups. Under the First Amendment, Petro's "expression" is most likely: *protected* Ex: Oklahoma enacts a statute to ban advertising in "bad taste." Most likely, a court would hold this statute to be: *an unconstitutional restriction of speech* Ex: VidGames Inc. markets a variety of shooting, fighting, and hunting video games. A state statue is enacted to require all game makers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be: *an unconstitutional restriction of speech* Ex: Pros in Politics, a bookstore in Capitol City, sells publications that criticize government actions and policies. The city enacts an ordinance prohibiting the sale of such materials in the interest of preserving public tranquility. This ordinance is most likely *an unconstitutional restriction of speech* Ex: Serene City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the ordinance to be: *constitutional under the First Amendment* - *REVIEW THIS QUESTION*

Commerce Clause

gave the *federal government the power to regulate commercial activities among the states = interstate commerce* FALSE: - *The commerce clause has had no greater impact on business than any other provision in the Constitution* - *The commerce clause has never been held to support the federal regulation of noncommercial activities that take place wholly within a state's borders.* Ex: Under the U.S. Constitution, Congress has the power to regulate: *every commercial enterprise in the United States* Ex: Under the U.S. Constitution, the federal government has the power to regulate commercial activities among the states. This grant implies that the regulation of such activities is not within the authority of: *the states*

Privileges and Immunities Clause

prevents a state from treating citizens of other states in a discriminatory manner. FALSE: - *A resident of one state, when in another state, can be denied the privileges and immunities of that state for any reason.* - *Under the privileges and immunities clause, the federal government has the power to regulate commercial activities among the states.* - this is the commerce clause

Tenth Amendment

reserves all powers to the states that have not been expressly delegated to the national government *Police Powers*: right to *regulate health, safety, morals and general welfare, licensing, building codes, parking regulations, and zoning restrictions* TRUE: - *Local governments, including cities, exercise police powers.* - *State regulatory powers are often referred to as police powers.* Ex: The state of Ohio can regulate building contractors and building codes in the state under its: *Police Powers*

Dormant Commerce Clause

restriction on states' authority to pass laws that substantially affect interstate commerce FALSE: *State governments do not have any authority to regulate interstate commerce.* TRUE: *The dormant commerce clause comes into play when state regulations affect interstate commerce*

Checks and Balances

the powers of government are divided among its branches, each of which exercises a check on the actions of the others TRUE: *The system of checks and balances in the U.S. Constitution allows each branch of government to limit the actions of the other branches.*