Exam 5: Business and the Constitution

In those areas in which federal laws and regulations are extensive and detailed,the likelihood is that the Supremacy Clause precludes state regulation.

The state of Arizona has passed a law requiring state agencies to conduct their business with the public in both Spanish and English.A voters' referendum repealed the law and several citizens' groups brought suit challenging the referendum as a violation of their U.S.Constitutional rights.What would be the basis of their suit?

California cannot impose taxes on a corporation that is incorporated in Arizona and doing business in California and thirty-two other states.

Which areas of commercial speech are fully and constitutionally regulated?

In which of the following areas of constitutional law is the balancing test used?

Synda Lefkin is a women's professional tennis player.Synda plays in tournaments in 15 cities in the United States each year.Synda was able to win 7 of the 15 city tournaments in 2016.Her earnings in each of those tournaments were $250,000.Which of the following is true about Synda's tax responsibilities? ​

The Bill of Rights covers freedom of speech.

Corporations cannot make political contributions because of First Amendment constraints.

LL Bean has warehouse facilities in Maine,Nevada,Washington,Idaho,Utah,and North Dakota.

If the underlying activity Congress attempts to regulate is not economic in nature,authority for such regulation is not part of the Commerce Clause.

Corporate political speech:

The Ollie's Barbeque case and the Morrison case have nothing in common legally because one involved interstate commerce and the other case involved intrastate commerce.

Congress passed a law permitting those who were the victims of hate crimes to bring suit in federal district court to recover from the perpetrators of the hate crimes.Such a statute:

Corporate political speech is afforded the same First Amendment protection as individual political speech.

The Bipartisan Campaign Reform Act:

Advertising is commercial speech and cannot be limited because of First Amendment protections.

Substantive due process rights:

Which justice was seen on camera disagreeing with President Obama during his State of the Union address in 2009?

The First Amendment prohibits state regulation of false advertising.

A federal statute makes it a felony to engage in any commercial act involving the "cruelty,wounding,or killing" of an animal or depicting anything being to an animal that is prohibited by law.Robert Stevens ran a website that sold films of dog fighting,many of which were films done in Japan where such activity is not illegal.He was convicted of violating the federal statute.Stevens appealed his case on the grounds that his First Amendment rights were violated because the statute was overly broad.What theory of constitutional law would Stevens be using in his appeal?