Question 1

In Consolidated Edison Co.v.Public Service Comm. ,the Supreme Court held that state utility regulators could impose a restriction on political speech by a business so long as it was narrowly crafted to help achieve a "compelling state interest."

Accepted Answer

The Supreme Court did indeed hold in Consolidated Edison Co. v. Public Service Comm. that state utility regulators could restrict political speech by businesses as long as the restriction was narrowly tailored to serve a compelling state interest.

Question 2

The Constitution specifies that political speech is due more protection than is commercial or business speech.

Accepted Answer

The answer of The Constitution specifies that political speech is...

Question 3

If there is a product about which consumers are ignorant,such as prescription drugs,the states may prohibit the advertising of such products and their prices.

Accepted Answer

The Supreme Court has held that states cannot completely prohibit the advertising of products, including prescription drugs, as such a prohibition would violate the First Amendment's protection of commercial speech. States can regulate advertising to ensure it is not misleading or deceptive, but outright bans are generally not permissible.

Question 4

Casino gambling is legal in Nevada but illegal in Texas,so Texas could ban the advertising of Nevada gambling in the Texas market.

Accepted Answer

The U.S. Supreme Court has ruled that states cannot regulate or ban the advertising of legal activities in other states due to the First Amendment's protection of commercial speech.

Question 5

In Citizens United the Supreme Court upheld the McCain-Feingold Act that placed strict limits on campaign spending soon before an election.

Accepted Answer

In Citizens United, the Supreme Court struck down the provision of the McCain-Feingold Act that limited independent expenditures by corporations and unions in support of or in opposition to political candidates.

Question 6

A federal law restricting pornography on the internet was stricken by the Supreme Court as unconstitutional for being too sweeping in its coverage.

Accepted Answer

The Communications Decency Act (CDA) of 1996 was struck down by the Supreme Court in 1997 in Reno v. ACLU, as it violated the First Amendment's protection of free speech. The law sought to restrict the distribution of indecent material, including pornography, on the internet. The Court held that the law's restrictions were too broad and would impact even protected speech, making the law unconstitutional.

Question 7

Restrictions on misleading commercial speech are generally constitutional.

Accepted Answer

While some restrictions on commercial speech may be deemed unconstitutional if they are too broad or vague, restrictions on misleading or false commercial speech are generally considered constitutional. This is because protecting consumers from fraudulent or deceptive advertising is a legitimate government interest that outweighs the right of businesses to engage in such speech.

Question 8

In Consolidated Edison Co.v.Public Service Comm. ,the Supreme Court held that state utility regulators could prevent the electric company from spending money to advertise the desirability of nuclear power.

Accepted Answer

The answer of In Consolidated Edison Co.v.Public Service Comm. ,the...

Question 9

In Central Hudson Gas & Electric Corp. ,the Supreme Court held that the New York Public Service Commission and other governmental agencies could restrict misleading advertising.

Accepted Answer

The Supreme Court held in Central Hudson Gas & Electric Corp. that government agencies can restrict misleading advertising.

Question 10

In Central Hudson Gas & Electric Corp. ,the Supreme Court held that the New York Public Service Commission,like other governmental agencies,could restrict advertising about unlawful activities.

Accepted Answer

In Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, the Supreme Court held that the New York Public Service Commission and other governmental agencies could restrict commercial speech if it meets the four-part Central Hudson test. This includes restricting advertising about unlawful activities.

Question 11

In Consolidated Edison Co.v.Public Service Comm. ,the Supreme Court held that state utility regulators could impose restrictions on the time,place or manner in which political speech was delivered so long as the restriction was "reasonable."

Accepted Answer

The Supreme Court did hold in Consolidated Edison Co.v.Public Service Comm. that state utility regulators could impose restrictions on the time, place, or manner in which political speech was delivered, but only if the restriction is "reasonable."

Question 12

In Consolidated Edison Co.v.Public Service Comm. ,the Supreme Court held that state utility regulators could prohibit all expenditures by a business spent for political purposes only because the business is "highly regulated."

Accepted Answer

In Consolidated Edison Co. v. Public Service Comm., the Supreme Court held that the state's prohibition on utility companies' ability to include inserts discussing controversial issues of public policy in their billing envelopes violated the First Amendment. The Court did not rule that regulators could prohibit expenditures for political purposes solely because the business is "highly regulated."

Question 13

In Central Hudson Gas & Electric Corp. ,the Supreme Court held that the New York Public Service Commission could restrict commercial advertising,so long as there was a strong governmental interest and the regulation was no more extensive than needed to assist that interest.

Accepted Answer

This is the holding of Central Hudson Gas & Electric Corp. v. Public Service Commission of New York.

Question 14

A state law prohibiting anonymous communications on the internet (such as sending spam from unidentified sources)was stricken as a violation of the First Amendment.

Accepted Answer

The First Amendment protects the right to anonymous speech, including on the internet. Prohibiting anonymous communications on the internet would be a violation of this constitutional right.

Question 15

The Supreme Court is likely to strike down state laws that prohibit corporations from making any contributions to support or oppose political issues in the state.

Accepted Answer

This statement is true. The U.S. Supreme Court has previously ruled in cases such as Citizens United v. FEC and McCutcheon v. FEC that limiting corporate contributions to political causes is a violation of the First Amendment's protection of free speech. It is likely that the Supreme Court will continue to hold this stance in future cases.

Question 16

The Supreme Court has gradually moved more and more to restrict political speech by commercial interests.

Accepted Answer

The Supreme Court has generally expanded the rights of commercial interests to engage in political speech, most notably in cases like Citizens United v. FEC, which significantly loosened restrictions on political spending by corporations and unions.

Question 17

In Central Hudson Gas & Electric Corp. ,the Supreme Court held that the New York Public Service Commission could not prohibit utilities from spending money on ads for electricity even though they are regulated monopolies.

Accepted Answer

The statement is true. In Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S. 557 (1980), the Supreme Court held that the New York Public Service Commission could not prohibit regulated utilities from engaging in commercial speech, including ads promoting the use of electricity, without violating the First Amendment.

Question 18

The Supreme Court has held that freedom of speech under the First Amendment does not apply to commercial speech,such as advertising by business.

Accepted Answer

The Supreme Court has held that while commercial speech is not given the same level of protection as non-commercial speech, it still merits some First Amendment protection. Restrictions on commercial speech must still pass intermediate scrutiny, meaning that they must further a substantial government interest, directly advance that interest, and not be more extensive than necessary to serve that interest.

Question 19

Many restrictions on advertising have been held to violate both the Constitution and the antitrust laws.

Accepted Answer

The First Amendment of the Constitution protects commercial speech to some degree, and antitrust laws may also prevent certain restrictions on advertising that are deemed anti-competitive.

Question 20

In Ward v.Rock Against Racism,the Supreme Court held that freedom of speech means local governments cannot control the volume at which people listen to music in public.

Accepted Answer

In Ward v. Rock Against Racism, the Supreme Court held that local governments can regulate the volume of amplified music in public spaces to protect public health and safety. Therefore, the statement is false.

Quiz 4: The Constitution: Focus on Application to Business