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 printed-materials ban would likely be viewed as an unconstitutional restriction on speech under the First Amendment. The right of individuals to express themselves through the distribution of handbills would be considered a protected form of expressive activity, which the government cannot restrict without a compelling interest and without narrowly tailoring the restriction to achieve that interest.

Question 2

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

Accepted Answer

The Supreme Court has established the Central Hudson test for determining the validity of restrictions on commercial speech. According to this test, the restriction must directly advance a substantial government interest, and it cannot go further than necessary to achieve that interest. Choice A reflects this standard, while choice B would be too broad and allow for potentially excessive restrictions on commercial speech. Choices C and D are not accurate, as there are circumstances in which the ARCS could be considered valid or invalid based on the Central Hudson test.

Question 3

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 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

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 intended to incite violence or lawlessness. This type of speech is considered "fighting words" and is not protected under the First Amendment.

Question 6

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, but it also restricts the power of the states to regulate interstate commerce in a way that unduly burdens or discriminates against interstate commerce. If Tori can show that Utah's law imposes a substantial burden on interstate commerce, the court may find the law unconstitutional under the Commerce Clause.

Question 7

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 statute is likely to be considered constitutional under the First Amendment because the government has a legitimate interest in protecting consumers from deceptive advertising practices. As long as the statute does not completely prohibit advertising or target specific viewpoints, it is likely to be upheld as a reasonable restriction on commercial speech.

Question 8

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 9

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 10

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

Accepted Answer

The First Amendment provides significant protection to corporate political speech. In the landmark case Citizens United v. FEC, the Supreme Court ruled that corporations have the same right to free speech as individuals and cannot be restricted in independent political expenditures, including advertising for or against political candidates. However, certain restrictions on corporate political speech still exist, such as disclosure requirements and limitations on coordination with candidates or political parties.

Question 11

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 12

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 included in the law passed by Congress would mean that federal law preempts state law in this case. Therefore, Joe's state law claim would be preempted by the federal law implementing the premarket approval process.

Question 13

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 14

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 15

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 guarantees freedom of religion, speech, and the press, so Mike's advocacy for his religion's principles is protected by this amendment.

Question 16

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 17

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

Accepted Answer

The ban on advertising in "bad taste" would most likely be considered an unconstitutional restriction on speech under the First Amendment. This is because the notion of "bad taste" is subjective and can be interpreted in many different ways, which could lead to arbitrary and uneven enforcement of the statute. Additionally, commercial speech (like advertising) has historically been afforded less protection than other forms of speech, but still enjoys some First Amendment protections, which would likely be violated by the broad language of the California statute.

Question 18

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 Constitution establishes that federal law is the supreme law of the land. Therefore, a state law allowing the sale of Chinese-made toys would be unconstitutional if Congress has enacted a law prohibiting the sale of such toys. The state law would be superseded by the federal law, and thus rendered invalid.

Question 19

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 ban on political contributions by major business entities would likely be seen as a restriction on their right to free speech under the First Amendment. The Supreme Court has held that campaign contributions are a form of political expression and have free speech protections. While restrictions on contributions from individuals may be constitutional under certain circumstances, a blanket ban on contributions from a specific category of entities would likely be struck down as unconstitutional.

Question 20

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...

Quiz 4: Constitutional Authority to Regulate Business