Question 1

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

Accepted Answer

The protection given to commercial ads under the First Amendment is not as extensive as the protection given to noncommercial speech. Commercial speech can be regulated if it is misleading, promotes illegal activity or lacks social value, while noncommercial speech is generally protected unless it falls under certain exceptions such as obscenity or incitement to violence.

Question 2

Federal regulations concerning medical devices directly conflict with a certain state law. Under the U.S. Constitution, which law takes precedence is determined by

Accepted Answer

The Supremacy Clause in the U.S. Constitution establishes that federal law takes precedence over state law, including conflicting state law. Therefore, in the case of conflicting federal regulations and state law concerning medical devices, the federal regulations would take precedence.

Question 3

Pharma Corporation expresses opinions on political issues through its financial contributions to political action committees and other groups. Under the First Amendment, Pharma's "expression" is most likely

Accepted Answer

The First Amendment protects freedom of speech, which includes the right to engage in political speech and make political contributions. Therefore, Pharma Corporation's expression through financial contributions is most likely protected.

Question 4

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 lower limits. Under the U.S. Constitution

Accepted Answer

The Supremacy Clause of the U.S. Constitution establishes that federal law takes precedence over state law when there is a conflict between the two. Therefore, the federal EPA rule limiting carbon emissions from car exhaust systems would take precedence over California's state law prescribing lower limits.

Question 5

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

Accepted Answer

The ban on printed materials on city streets is likely to be considered as a violation of the freedom of speech under the First Amendment of the U.S. Constitution. As a result, the court would likely hold the ban unconstitutional under the First Amendment.

Question 6

Power Company creates a t-shirt design to express support for state tax credits favoring the use of energy-efficient products. The firm distributes the t-shirts to many of its customers. The t-shirts are an example of

Accepted Answer

The t-shirts distributed by Power Company to express support for state tax credits favoring the use of energy-efficient products are an example of symbolic speech. Symbolic speech involves conveying a message or stance through actions or symbols rather than through traditional speech or written text. In this case, the t-shirts serve as a medium to express a viewpoint, making it symbolic speech.

Question 7

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

Accepted Answer

The Bill of Rights guarantees rights to individuals that limit both federal and state actions. Therefore, both state and federal government actions can infringe on these rights.

Question 8

Utah enacts a statute to ban advertising in "bad taste." Most likely, a court would hold this statute to be

Accepted Answer

This statute would likely be considered an unconstitutional restriction of speech under the First Amendment. The term "bad taste" is subjective and open to interpretation, and courts have consistently ruled that government cannot restrict speech based on its content or viewpoint. Additionally, the government must show a compelling interest to restrict speech, and a vague concept like "bad taste" is unlikely to meet that standard.

Question 9

NatGas Corporation obtains a federal license to operate a gas pipeline through a certain area of Oregon. The Oregon state legislature enacts a law that bans gas pipelines in that area. Most likely, the state law violates

Accepted Answer

The supremacy clause of the U.S. Constitution establishes that federal law takes precedence over state law. Therefore, if NatGas Corporation has obtained a federal license to operate a gas pipeline, the state law banning gas pipelines in that area would likely be in violation of the supremacy clause.

Question 10

Dom burns a U.S. flag in his backyard. He films the activity and posts the video on YouTube.com. Dom's conduct is most likely

Accepted Answer

Dom's conduct is protected by the First Amendment, which guarantees freedom of speech, including symbolic speech such as flag burning. The Supreme Court has held that flag burning is a form of symbolic speech that is protected under the First Amendment.

Question 11

Alix posts a podcast on the Believe! website in which she insists that Congress base all federal law on her religious principles. Under the First Amendment, Alix is guaranteed

Accepted Answer

The First Amendment guarantees the freedoms of religion and speech, which allows Alix to express and promote her religious principles in her podcast without fear of government reprisal. However, it does not give her any power to delegate her views to the federal government or require a review of her opinion in due process. It also does not guarantee her the right to fair payment for her podcast.

Question 12

Under the U.S. Constitution, Congress has the power to regulate

Accepted Answer

Congress has the power to regulate commerce with foreign nations, among the several states, and with the Indian tribes, as outlined in the Commerce Clause of the U.S. Constitution. This has been interpreted broadly to include nearly every form of commercial enterprise.

Question 13

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

Accepted Answer

The grant of power to regulate commercial activities among the states is specifically given to the federal government, which means it is not within the authority of the states to regulate such activities. Congress has the authority to make laws to regulate these activities, while the President and the courts play a role in enforcing and interpreting these laws.

Question 14

Mind Games 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

Accepted Answer

This regulation would likely be seen as an unconstitutional restriction of speech, as video games are a form of expression protected by the First Amendment. The label "excessively violent" could also be seen as subjective and potentially chilling to game makers' free speech rights.

Question 15

Bryan creates a website to post threatening messages about celebrities. Under the First Amendment, these messages are most likely protected

Accepted Answer

The First Amendment does not protect speech that constitutes a true threat, which is defined as a serious expression of intent to commit an act of unlawful violence against a particular person or group of persons. Posting threatening messages about celebrities could potentially qualify as true threats and therefore would not be protected under the First Amendment.

Question 16

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

Accepted Answer

The courts will weigh the burden that the Wyoming state legislature's statute imposes on interstate commerce against the state's interest in regulating the matter. This is because states have a legitimate interest in regulating their own affairs, but this interest must be balanced against the need for national uniformity in areas of interstate commerce. The federal government's authority to regulate the matter and the purpose of interstate commerce may also be considered, but the state's interest is the most relevant factor in this situation. The impact on noneconomic activity is not as relevant in this case as the regulation directly affects economic activity.

Question 17

The state of Florida can regulate building contractors and building codes in the state under its

Accepted Answer

The state's authority to regulate building contractors and building codes falls under its police powers, which grant it the power to promote public health, safety, and welfare. This power allows the state to create and enforce regulations to ensure that buildings are constructed safely and to prevent potential hazards.

Question 18

The members of Climate Action 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

Accepted Answer

The First Amendment guarantees the right to petition the government for redress of grievances. While individuals have the right to express their disagreement with a law, they do not have the right to refuse to obey it or to actively encourage others to break the law.

Question 19

The Bill of Rights embodies

Accepted Answer

The Bill of Rights focuses on protecting the individual against government action by outlining specific rights such as freedom of speech, religion, and the press, the right to bear arms, and protecting against unreasonable searches and seizures.

Question 20

Metro City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Niles wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Niles's suit against the city, a court would likely hold the ordinance to be

Accepted Answer

The ordinance is likely to be upheld as constitutional under the First Amendment because the government can regulate the time, place, and manner of speech, especially if it's content-neutral, narrowly tailored to serve a significant governmental interest, and leaves open ample alternative channels for communication. In this case, the regulation aims to control noise pollution and maintain public order on public streets, which are significant governmental interests.

Quiz 2: Business and the Constitution