Question 1

Sustainable Crops Corporation regularly expresses opinions on political issues,including whether to ban the use of genetically modified organisms (GMOs). Under the First Amendment,corporate political speech is

Accepted Answer

Under the First Amendment of the US Constitution, corporations enjoy protection for political speech. This means that Sustainable Crops Corporation is allowed to express its opinions on political issues, without fear of government censorship or punishment. Therefore, the correct option is C - protected.

Question 2

California enacts a statute to ban advertising in "bad taste." This stat-ute would likely be held by a court to be

Accepted Answer

The First Amendment protects freedom of speech, including commercial speech. Therefore, a law banning advertising in "bad taste" would likely be considered an unconstitutional restriction of speech. The government can regulate commercial speech to a certain extent, but the regulation must be narrowly tailored to serve a significant government interest and leave open ample alternative channels for communication. A law banning advertising in "bad taste" is too broad and vague, and it would not meet these legal standards.

Question 3

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 the law,and stop others from complying with the law. Under the First Amendment,these individuals have a right to

Accepted Answer

The answer of The members of Citizens Aware believe that...

Question 4

Lake City enacts an ordinance that bans the distribu-tion 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

Accepted Answer

The ban on printed materials on city streets would likely be held unconstitutional under the First Amendment's protection of freedom of speech. The distribution of handbills is a form of expressive conduct that has been protected by the Supreme Court. The ban would be subject to strict scrutiny, meaning that it would need to be narrowly tailored to serve a compelling government interest. It is unlikely that the ban on all printed materials would meet this standard.

Question 5

Taco Hot Dogs,Inc.,regularly advertises its products. Under the First Amendment,in comparison with noncommercial speech,the protection given these ads is

Accepted Answer

Noncommercial speech receives greater protection under the First Amendment than commercial speech. While commercial speech is protected, there are limitations on it, such as the prohibition on false and deceptive advertising.

Question 6

Serenity 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

Accepted Answer

The answer of Serenity City enacts an ordinance that bans...

Question 7

A federal law requires public libraries to install filtering software on computers to prevent children from accessing adult content online. This law

Accepted Answer

The federal law requiring public libraries to install filtering software on computers to prevent children from accessing adult content online does not substantially burden free speech as it only applies to public libraries and not private individuals or entities. It also serves a compelling government interest in protecting children from harmful content online. Therefore, it is subject to reasonable restrictions under the First Amendment.

Question 8

Mary creates a t-shirt design that expresses her support for a presidential candidate and distributes t-shirts imprinted with the design to her friends. The t-shirts represent

Accepted Answer

Mary's t-shirt design is a form of expression that uses symbols or images to convey a particular message, which is known as symbolic speech. This type of speech is protected under the First Amendment, as it is a form of free speech. As long as Mary is not advocating violence or breaking any laws, her distribution of the t-shirts is legal and protected by the Constitution. Therefore, the best choice is C) symbolic speech.

Question 9

Keralyn creates a Web site to post threatening messages about celebrities. The First Amendment protects such speech

Accepted Answer

The answer of Keralyn creates a Web site to post...

Question 10

National Hospital Organization (NHO),a political lobbying group,wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution,a law embodying it can be imposed by

Accepted Answer

If a policy conflicts with the U.S. Constitution, none of the choices (Congress, a federal court, or the President) can lawfully impose a law embodying it, as all laws must be in accordance with the Constitution.

Question 11

Bree,a citizen of California,obtains a federal license to operate a commercial fishing boat in a certain area off the Northern California coast. The California state legislature enacts a law that bans all commercial fishing in that area. The state law most likely violates

Accepted Answer

The supremacy clause establishes that federal law takes precedence over state law. Since Bree has a federal license, the state law banning commercial fishing in that area would likely be preempted by federal law.

Question 12

Don,a U.S. citizen,is the owner of Egrets Unlimited,Inc. Egret's competitors include Feathered Friends Company (FFC). The Bill of Rights embodies a series of protections for Don against types of conduct by

Accepted Answer

The Bill of Rights provides protections against actions by the government, not private entities like FFC.

Question 13

VidGames,Inc. markets a variety of shooting,fighting,and hunting video games. A state statue is enacted that requires all video game manufacturers to label any games with an option to kill something as "excessively violent". A court would likely hold this regulation to be

Accepted Answer

The court would likely hold this regulation as an unconstitutional restriction of speech because video games are considered a form of expression protected under the First Amendment. Labeling requirements could be seen as compelled speech, which is subject to strict scrutiny.

Question 14

The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the

Accepted Answer

The regulatory aspect of the commerce clause refers to the express grant of authority to regulate commerce that substantially affects trade and commerce among states.

Question 15

A federal law regarding the labeling of pesticides directly conflicts with a state law. The state law will be rendered invalid due to

Accepted Answer

The supremacy clause of the US Constitution establishes that federal law has superiority over conflicting state law. Therefore, in this scenario, the federal law regarding the labeling of pesticides will prevail, and the state law will be considered invalid.

Question 16

Bob,the president of Commerce & Trade,Inc.,claims that certain actions by the federal government and the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit

Accepted Answer

The Bill of Rights primarily limits the powers of the federal government, ensuring protection of individual liberties against federal infringement.

Question 17

A decision by the federal Environmental Protection Agency (EPA)on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation,under the supremacy clause,

Accepted Answer

The Supremacy Clause in the US Constitution establishes that federal laws and regulations take precedence over state laws and regulations in cases of conflict. Therefore, in this situation, the EPA's decision takes precedence over California's state law.

Question 18

Ryan,a follower of a certain religion,sells an article to Sunday! magazine in which he insists that Congress base all federal law on his religious principles. The First Amendment guarantees Ryan's

Accepted Answer

The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This means that the government cannot establish an official religion nor can they prevent individuals from practicing their religious beliefs. Ryan's belief that Congress should base federal law on his religious principles falls under the category of free exercise of religion, and the First Amendment protects his right to express such beliefs.

Question 19

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

Accepted Answer

When evaluating a state statute that affects interstate commerce, the courts will balance the burden that it imposes on interstate commerce against the state's interest in regulating the matter. This is known as the "balancing test." The purpose of interstate commerce may be relevant to the analysis, but it is not the primary factor. The courts' authority to determine that a law is unconstitutional and the statute's impact on noneconomic activity may also be considered, but they are not the central factors in the balancing test.

Question 20

George burns a U.S. flag in his backyard. He posts a video of the event on YouTube.com. George's actions are

Accepted Answer

The burning of the U.S. flag is a form of symbolic speech, which is protected by the First Amendment. As long as the burning does not pose a clear and present danger or incite violence, George's actions are protected by the Constitution.

Quiz 2: Constitutional Law

Sustainable Crops Corporation regularly expresses opinions on political issues,including whether to ban the use of genetically modified organisms (GMOs) . Under the First Amendment,corporate political speech is