Fall LE ch 4
The Financial Institutions Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include banks. Under the Constitution, Congress
Makes the laws
California enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be
an unconstiutional restriction of speech
Savers Mart, Inc., distributes its merchandise to retail outlets on an inter-state basis. Under the commerce clause, Congress has the power to regulate
any commercial activity in the United States
In 2013, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid if it directly advances a substantial government interest
but goes no further than necessary to achieve its purpose.
The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that
each branch has some power to limit the actions of the others.
Julia is a U.S. citizen. She establishes a website that posts threatening messages about celebrities. Her website is
not protected by the First Amendment.
Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is
protected
A Massachusetts state statute imposes a prison term, without a trial, on all street performers who operate in certain areas. A court would likely review this statute under the principles of
the due process clause
Don, a U.S. citizen, is the owner of Egrets Unlimited, Inc. Egret’s competitors include Feathered Friends Company (FFC), which is owned by Greg and Huey. The Bill of Rights embodies a series of protections for Don against types of interference by
the government only
South Dakota, like other states, may regulate private activities to protect or promote the public order, health, safety, and general welfare under
the state's police powers