Question 1

In 2010,Congress enacts the Act to Restrict Commercial Speech (ARCS).The ARCS will be considered valid

Accepted Answer

The test for the constitutionality of restrictions on commercial speech is based on the Central Hudson test, which requires that the restriction directly advances a substantial government interest but goes no further than necessary. Therefore, choice A is the correct answer.

Question 2

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 3

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

Accepted Answer

Under the First Amendment, corporate political speech is given significant protection. The Supreme Court has held that corporations, as well as individuals, have a right to engage in political speech and that this protection extends to their monetary contributions towards political campaigns. However, there are some restrictions and regulations on corporate political speech, such as disclosure requirements and limitations on the use of corporate treasury funds in certain circumstances.

Question 4

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

Accepted Answer

The ordinance is likely to be considered constitutional under the First Amendment because it regulates the time, place, and manner of speech rather than the content of the speech itself. Such regulations are permissible if they are content-neutral, narrowly tailored to serve a significant governmental interest, and leave open ample alternative channels for communication. In this case, the ordinance aims to control noise pollution and maintain public order on public streets, which are significant governmental interests.

Question 5

Levi,a citizen of Maryland,obtains a federal license to operate a commercial fishing boat in Chesapeake Bay.The Maryland state legislature enacts a law that bans all commercial fishing in the bay.The state law most likely violates

Accepted Answer

The answer of Levi,a citizen of Maryland,obtains a federal license...

Question 6

A Minnesota state statute restricts certain kinds of advertising to protect consumers from being misled.A court would likely hold this statute to be

Accepted Answer

The state statute restricting certain kinds of advertising would most likely be considered constitutional under the First Amendment. Commercial speech, unlike political speech, can be regulated by the government if the restriction serves a substantial government interest, if the regulation directly advances that interest, and if the regulation is no more extensive than necessary to serve that interest. Protecting consumers from being misled would be considered a substantial government interest, and the restriction on certain types of advertising would be directly related to advancing that interest. Therefore, the court would likely hold this statute to be constitutional.

Question 7

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

Accepted Answer

The Supremacy Clause of the US Constitution asserts that federal law takes precedence over state law in the event of a conflict. Since Congress has enacted a law prohibiting toys made in China from being sold in the United States, any state law that allows such sales would be considered invalid under the Supremacy Clause.

Question 8

Cordial Drinks,Inc.,markets alcoholic beverages.A federal regulation bans the disclosure of the alcohol content of liquor on Cordial's labels and those of other marketers.A court would likely hold this regulation to be

Accepted Answer

The answer of Cordial Drinks,Inc.,markets alcoholic beverages.A federal regulation bans...

Question 9

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 10

Machismo Motor Sales Corporation regularly advertises its off-the-road and 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 11

Dru,a U.S.citizen,is the owner of Egret,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 Dru against types of interference by

Accepted Answer

The answer of Dru,a U.S.citizen,is the owner of Egret,Inc.Egret's competitors...

Question 12

The state legislature of Iowa enacts a transportation statute that impinges on interstate commerce.This statute will be

Accepted Answer

The answer of The state legislature of Iowa enacts a...

Question 13

Brad stands in front of Rustler's Round-Up Café,shouting "fighting words" that are likely to incite Rustler's patrons to respond violently.The First Amendment protects such speech

Accepted Answer

The First Amendment does not protect speech that is likely to incite imminent lawless action, which Brad's words are likely to do in this situation. This is known as the "incitement" exception to free speech protection.

Question 14

Mike,an advocate of a certain religion,publishes an article in New Times magazine insisting that Congress base all federal law on his religion's principles.The First Amendment guarantees Mike's freedom of

Accepted Answer

The First Amendment of the United States Constitution guarantees freedom of religion, freedom of speech, and freedom of the press. Therefore, Mike's advocacy for his religion's principles in a magazine article would be protected by all three of these freedoms.

Question 15

Federico,the president of Gems Retail Corporation,claims that certain actions by the federal government and the state of New Mexico infringe on rights guaranteed by the Bill of Rights.Most of these rights limit

Accepted Answer

The answer of Federico,the president of Gems Retail Corporation,claims that...

Question 16

Congress enacts the Tight Money Act (TMA)of 2010 to ban "major business entities" from making political contributions that individuals can make.A court would likely hold the TMA to be

Accepted Answer

The TMA would be considered an unconstitutional restriction of speech as it is limiting the political contributions that major business entities can make, which would be considered a form of political speech. The First Amendment protects the right to free speech, including political speech. Therefore, the TMA would likely be struck down as unconstitutional.

Question 17

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

Accepted Answer

Banning advertising based on "bad taste" is subjective and vague, and would likely be seen as a content-based restriction on speech, which is generally unconstitutional under the First Amendment. Courts have held that restrictions on commercial speech must be narrowly tailored and serve a substantial government interest, and protecting against "bad taste" would not meet that standard.

Question 18

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.Joe 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 in the federal law indicates that any state law claim that conflicts with the federal law is preempted. Therefore, in this case, Joe's state law claim will be preempted by the federal law, and he cannot recover under state law.

Question 19

Tori files a suit against the state of Utah,claiming that a Utah state law violates the commerce clause.The court will agree if the statute

Accepted Answer

The Commerce Clause gives Congress the power to regulate interstate commerce. If a state law imposes a substantial burden on interstate commerce, it can be found to be unconstitutional under the Commerce Clause. Therefore, option B is correct. Options A, C, and D are incorrect because they do not address the issue of whether the statute violates the Commerce Clause.

Question 20

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 distribution of printed materials is a form of speech protected by the First Amendment. The city's ban on distributing printed materials on city streets would likely be considered an unconstitutional restriction of speech.

Quiz 2: Constitutional Law

In 2010,Congress enacts the Act to Restrict Commercial Speech (ARCS) .The ARCS will be considered valid