Question 1

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

The regulation could be seen as an unconstitutional restriction of speech because video games are considered a form of expression protected under the First Amendment. Labeling them as "excessively violent" could be viewed as a content-based restriction on speech, which is subject to strict scrutiny and often found unconstitutional unless it serves a compelling government interest and is narrowly tailored to achieve that interest.

Question 2

The Bill of Rights embodies

Accepted Answer

The Bill of Rights, the first ten amendments to the United States Constitution, specifically outlines a series of protections for the individual against government action, ensuring rights such as freedom of speech, religion, and the press, as well as protections against unreasonable searches and seizures.

Question 3

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 guarantees in the Bill of Rights have been interpreted through the doctrine of incorporation (via the Fourteenth Amendment) to limit both federal and state actions, ensuring that states cannot infringe on these fundamental rights.

Question 4

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 5

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 of the U.S. Constitution guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices. It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. Therefore, Alix's podcast, which expresses her religious views and insists on legislative action based on those views, is protected under the freedoms of religion and speech.

Question 6

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

Accepted Answer

Commercial speech, which includes advertising, does not receive the same level of protection under the First Amendment as noncommercial speech. This is because the government has a greater interest in regulating commercial transactions and preventing consumer deception.

Question 7

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 power to regulate commerce among the states is specifically granted to the federal government by the U.S. Constitution, implying that individual states do not have the authority to regulate interstate commerce. This is known as the Commerce Clause, found in Article I, Section 8, Clause 3 of the Constitution.

Question 8

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

Under the Supremacy Clause of the U.S. Constitution, federal laws and regulations take precedence over state laws when there is a conflict between the two. Therefore, the federal EPA rule would take precedence over the California state law.

Question 9

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 10

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

Accepted Answer

The statute is likely to be considered an unconstitutional restriction of speech because it is overly broad and subjective, potentially violating the First Amendment's protections of free speech. Courts generally scrutinize laws that regulate speech based on its content, and a law banning advertising in "bad taste" could be seen as too vague and subjective to enforce without infringing on protected speech.

Question 11

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

The Supreme Court has ruled that burning the U.S. flag is an act of symbolic speech protected by the First Amendment. This protection means individuals have the right to express themselves in this manner without government prohibition.

Question 12

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

Accepted Answer

Police powers allow a state to regulate for the health, safety, and general welfare of its citizens, which includes regulating building contractors and codes.

Question 13

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.

Question 14

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

Pharma Corporation's financial contributions to political action committees and other groups as a form of expression are protected under the First Amendment, which safeguards freedom of speech, including political speech and contributions.

Question 15

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 statute imposes on interstate commerce against the state's interest in regulating the matter. This is part of the balancing test used in the Dormant Commerce Clause analysis to determine if a state law is permissible under the U.S. Constitution.

Question 16

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 all printed materials restricts freedom of speech, which is protected under the First Amendment. This makes the ordinance likely to be seen as unconstitutional by a court.

Question 17

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, found in Article VI, Clause 2 of the U.S. Constitution, establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It provides that the federal law is the "supreme Law of the Land." In cases where state laws directly conflict with federal laws, the federal laws will override them due to this clause.

Question 18

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 true threats against individuals, including celebrities. Threatening messages, regardless of their context or the presence of ads, are considered a form of illegal speech.

Question 19

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 state law likely violates the Supremacy Clause of the U.S. Constitution, which establishes that federal law takes precedence over state laws when there is a conflict. Since NatGas Corporation has a federal license to operate a gas pipeline, the state law attempting to ban such pipelines would be preempted by federal authority.

Question 20

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 to the United States Constitution protects the right to petition the government for a redress of grievances. This means individuals or groups can ask the government to correct or reconsider laws they believe are unjust or unconstitutional. However, the First Amendment does not protect the right to refuse to obey laws with which one disagrees or to prevent others from complying with the law.

Quiz 2: Business and the Constitution