Question 1

Beachside City enacts an ordinance that bans the distribution of all printed materials on city streets.Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills.In his suit against the city, a court would likely hold the printed-materials ban to be

Accepted Answer

The ban on distribution of printed materials on city streets would most likely be found to be an unconstitutional restriction of speech under the First Amendment. This is because the Supreme Court has consistently held that the freedom of speech includes the right to communicate ideas through the distribution of printed materials, such as handbills and flyers, in public places. While the government may place reasonable time, place, and manner restrictions on such speech, an outright ban would likely be considered unconstitutional.

Question 2

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

Accepted Answer

This is the standard established by the Central Hudson test for determining the constitutionality of government regulation of commercial speech. The government must show that there is a substantial government interest that is directly advanced by the restriction, and that the restriction is no more extensive than necessary to achieve that interest. Choices B, C, and D are all incorrect as they do not reflect this standard.

Question 3

Bailey, the president of Carmichael Commodities Company, claims that certain actions by the federal government and by the state of Delaware infringe on rights guaranteed by the Bill of Rights.All of these rights limit

Accepted Answer

The Bill of Rights applies only to the federal government, not to state governments such as Delaware. Therefore, the actions by the state of Delaware cannot infringe on rights guaranteed by the Bill of Rights. However, if Bailey's claim is regarding actions by the federal government, then it could be possible that those actions are infringing on rights guaranteed by the Bill of Rights.

Question 4

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

Accepted Answer

The answer of Don, a U.S.citizen, is the owner of...

Question 5

South Dakota, like other states, may regulate private activities to protect or promote the public order, health, safety, and general welfare under

Accepted Answer

The state's police powers allow it to regulate private activities for the protection and promotion of public order, health, safety, and general welfare. This power is granted to states under the Tenth Amendment to the U.S. Constitution. The dormant commerce clause limits a state's ability to regulate activities that affect interstate commerce. The due process clause guarantees individuals certain procedural and substantive rights, while the free exercise clause protects an individual's right to practice their religion.

Question 6

Mary creates a t-shirt design that expresses support for a presidential candidate and distributes t-shirts to all her friends.The t-shirts are an example of

Accepted Answer

The t-shirts that Mary creates can be considered an example of symbolic speech because they express a political message through the use of a symbol (i.e. the design on the shirt). This type of speech is protected under the First Amendment of the US Constitution. Mary has the right to express her support for a political candidate and distribute that message through t-shirts.

Question 7

Martin, a U.S.citizen, feels that a recently enacted federal law is unfair.He assembles a group of friends and they write a petition to the government.Martin and friends then stand quietly in front of the White House with signs declaring their belief that the law is unfair.Under the First Amendment, Martin has a right to

Accepted Answer

The First Amendment protects the rights to petition the government for a redress of grievances and to peacefully assemble. Martin and his friends have the right to both petition the government and assemble peaceably, as they are peacefully protesting in front of the White House. Therefore, choice C is the correct answer.

Question 8

The police obtain a search warrant and search Dave's apartment.After yelling obscenities at the officers, Dave confesses to a crime and implicates his friends.The Constitution protects against

Accepted Answer

The answer of The police obtain a search warrant and...

Question 9

Julia is a U.S.citizen.She establishes a website that posts threatening messages about celebrities.Her website is

Accepted Answer

The First Amendment protects the freedom of speech, but it does not protect speech that includes threats of violence. Therefore, Julia's website posting threatening messages about celebrities would not be protected by the First Amendment.

Question 10

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 11

Congress enacts a law that sets out a rigorous medical-device premarket approval process for the U.S.Food and Drug Administration to follow.The law includes a preemption provision.Moe is injured by a device that underwent the process and files a claim under New Hampshire state law to recover for the injury.The court will most likely rule that

Accepted Answer

The preemption provision included in the law enacted by Congress implies that any state law claim that conflicts with the federal law is preempted. Therefore, Moe's state law claim will be preempted by the federal law, and he cannot recover under state law.

Question 12

Machismo Motor Sales Corporation regularly advertises its off-the-road vehicles, all-terrain vehicles, and other products.Under the First Amendment, these ads and other commercial speech are given

Accepted Answer

The answer of Machismo Motor Sales Corporation regularly advertises its...

Question 13

George burns an American flag in his backyard.He films his actions and posts the video on YouTube.com.George's actions are

Accepted Answer

Burning an American flag as an act of protest is considered symbolic speech and is protected by the First Amendment under the freedom of expression. However, there may be restrictions on the time, place, and manner of the protest as determined by local laws and ordinances.

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 answer of The commerce clause's express grant of exclusive...

Question 15

Congress enacts a law prohibiting toys made in China from being sold in the United States.The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys.Hawaii's law will most likely be struck down under

Accepted Answer

The answer of Congress enacts a law prohibiting toys made...

Question 16

Tami's Tasty Tacos, a fast food outfit, files a suit against the state of Texas, claiming that a Texas state law violates the commerce clause.The court will agree if the statute imposes a substantial burden on

Accepted Answer

The commerce clause specifically addresses the regulation of interstate commerce, therefore, if Tami's Tasty Tacos can prove that the Texas state law is imposing a substantial burden on interstate commerce, the court is more likely to agree that the law violates the commerce clause.

Question 17

Reusable Energy Corporation regularly expresses opinions on political issues.Under the First Amendment, corporate political speech is

Accepted Answer

Under the First Amendment, both individuals and corporations have the right to express their opinions on political issues. This right to political speech is protected by the Constitution. Therefore, companies like Reusable Energy Corporation have the freedom to express their political views.

Question 18

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

Accepted Answer

The Supremacy Clause of the Constitution establishes that federal law takes precedence over conflicting state law in the event of a conflict, making it the best choice for this scenario.

Question 19

ViolentVideoGames, 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 regulation would likely be seen as an unconstitutional restriction of speech under the First Amendment. Video games, like other forms of media, are generally protected by the First Amendment's free speech protections, and labeling them as "excessively violent" could be seen as a government attempt to restrict their distribution or discourage people from buying them.

Question 20

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

Accepted Answer

The First Amendment guarantees protection for a wide range of speech, including unpopular, offensive or controversial speech. While there are some exceptions to this protection, such as obscenity, the ban on "bad taste" advertising is too vague and subjective, and could potentially restrict a wide range of legitimate speech that is protected by the First Amendment. Therefore, it is likely that the court would hold this statute to be an unconstitutional restriction of speech.

Quiz 5: Constitutional Authority to Regulate Business