Exam 2: Business and the Constitution

The Wisconsin state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute, the president of xGamez, Inc., orders xGamez marketers to place ads in various media. When an xGamez ad appears on YUTV, a local television station, xGamez and YUTV are charged with violating the statute. What is the defendants' best defense against a conviction?

Free

(Essay)

4.7/5

(39)

Question 1

Correct Answer:

Verified

xGamez and YUTV cannot be convicted because a state legislature cannot enact a statute that restricts commercial speech (in this problem, marketing video games) to this extent.
The First Amendment protects commercial speech. Commercial speech does not receive as much protection as noncommercial speech, however, so states can place some restraints on the former. For example, to protect consumers, a state may ban certain kinds of marketing practices, such as deceptive or misleading advertising. Generally, a restriction on commercial speech will be considered valid as long as it (1) seeks to implement a substantial government interest, (2) directly advances that interest, and (3) goes no further than necessary to accomplish the objective.
Here, the complete ban on ads for video games "because the games might be harmful to minors" is too restrictive: it goes too far in attempting to protect minors for an apparently unsubstantiated purpose.

Under the Constitution, speech-oral, written, or symbolized by conduct-cannot be restricted in any way.

Free

(True/False)

5.0/5

(44)

Question 2

Correct Answer:

Verified

False

The Constitution expressly delegated to the states the power to regulate interstate commerce.

Free

(True/False)

4.8/5

(40)

Question 3

Correct Answer:

Verified

False

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against

(Multiple Choice)

4.8/5

(38)

Question 4

A federal law prohibiting the use of a certain pesticide directly conflicts with a state law permitting that use. The state law will be rendered invalid due to

(Multiple Choice)

4.7/5

(36)

Question 5

A federal law requires public libraries to install filtering software on computers to prevent children from accessing adult content online. This law

(Multiple Choice)

4.9/5

(35)

Question 6

The Fifth Amendment prohibits unreasonable searches and seizures of persons or property.

(True/False)

4.9/5

(42)

Question 7

The First Amendment protects commercial speech more extensively than noncommercial speech.

(True/False)

4.8/5

(35)

Question 8

The First Amendment prevents limits from being placed on independent political expenditures by corporations.

(True/False)

4.9/5

(42)

Question 9

The First Amendment protects even speech that violates criminal laws.

(True/False)

4.9/5

(30)

Question 10

All powers not specifically delegated to the federal government are reserved to the states.

(True/False)

5.0/5

(34)

Question 11

Coffee Klatch Party Group, a political organization, files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to

(Multiple Choice)

4.8/5

(41)

Question 12

Center City enacts an ordinance that imposes a jail term, without a trial, on all contractors who solicit business without a city permit. A court would likely review this ordinance under the principles of

(Multiple Choice)

4.9/5

(39)

Question 13

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

(True/False)

4.9/5

(31)

Question 14

Adult Shop in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely

(Multiple Choice)

5.0/5

(40)

Question 15

National Hospital Organization (NHO), a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

(Multiple Choice)

4.9/5

(44)

Question 16

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

(Multiple Choice)

4.8/5

(38)

Question 17

The states can establish laws that substantially affect trade and commerce.

(True/False)

4.9/5

(34)

Question 18

The U.S. Constitution explicitly mentions a general right to privacy.

(True/False)

4.8/5

(35)

Question 19

Jon, a law enforcement official, monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information. This may violate Kelsey's right to

(Multiple Choice)

4.9/5

(39)

Question 20

Showing 1 - 20 of 72

Under the Constitution, speech-oral, written, or symbolized by conduct-cannot be restricted in any way.

The Constitution expressly delegated to the states the power to regulate interstate commerce.

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against

A federal law prohibiting the use of a certain pesticide directly conflicts with a state law permitting that use. The state law will be rendered invalid due to

A federal law requires public libraries to install filtering software on computers to prevent children from accessing adult content online. This law

The Fifth Amendment prohibits unreasonable searches and seizures of persons or property.

The First Amendment protects commercial speech more extensively than noncommercial speech.

The First Amendment prevents limits from being placed on independent political expenditures by corporations.

The First Amendment protects even speech that violates criminal laws.

All powers not specifically delegated to the federal government are reserved to the states.

Coffee Klatch Party Group, a political organization, files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to

Center City enacts an ordinance that imposes a jail term, without a trial, on all contractors who solicit business without a city permit. A court would likely review this ordinance under the principles of

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

Adult Shop in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely

National Hospital Organization (NHO), a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

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

The states can establish laws that substantially affect trade and commerce.

The U.S. Constitution explicitly mentions a general right to privacy.

Jon, a law enforcement official, monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information. This may violate Kelsey's right to

Law and Legal Reasoning

Courts and Alternative Dispute Resolution

Tort Law

Criminal Law and Cyber Crime

Business Ethics

Nature and Terminology

Agreement in Traditional and E-Contracts

Consideration, Capacity, and Legality

Defenses to Contract Enforceability

Third Party Rights and Discharge

Breach of Contract and Remedies

Intellectual Property Rights

Internet Law, Social Media, and Privacy

The Formation of Sales and Lease Contracts

Performance, Breach, and Warranties of Sales and Lease Contracts

Agency Relationships in Business

Small Businesses and Limited Liability Companies

Corporations

Filters

Exam 2: Business and the Constitution

Under the Constitution, speech-oral, written, or symbolized by conduct-cannot be restricted in any way.​

The Constitution expressly delegated to the states the power to regulate interstate commerce.​

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against​

A federal law prohibiting the use of a certain pesticide directly conflicts with a state law permitting that use. The state law will be rendered invalid due to​

A federal law requires public libraries to install filtering software on computers to prevent children from accessing adult content online. This law​

The Fifth Amendment prohibits unreasonable searches and seizures of persons or property.​

The First Amendment protects commercial speech more extensively than noncommercial speech.​

The First Amendment prevents limits from being placed on independent political expenditures by corporations.​

The First Amendment protects even speech that violates criminal laws.

All powers not specifically delegated to the federal government are reserved to the states.​

Coffee Klatch Party Group, a political organization, files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to​

Center City enacts an ordinance that imposes a jail term, without a trial, on all contractors who solicit business without a city permit. A court would likely review this ordinance under the principles of​

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.​

Adult Shop in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely​

National Hospital Organization (NHO), a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by​

The states can establish laws that substantially affect trade and commerce.​

The U.S. Constitution explicitly mentions a general right to privacy.​

Jon, a law enforcement official, monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information. This may violate Kelsey's right to​

Law and Legal Reasoning

Courts and Alternative Dispute Resolution

Tort Law

Criminal Law and Cyber Crime

Business Ethics

Nature and Terminology

Agreement in Traditional and E-Contracts

Consideration, Capacity, and Legality

Defenses to Contract Enforceability

Third Party Rights and Discharge

Breach of Contract and Remedies

Intellectual Property Rights

Internet Law, Social Media, and Privacy

The Formation of Sales and Lease Contracts

Performance, Breach, and Warranties of Sales and Lease Contracts

Agency Relationships in Business

Small Businesses and Limited Liability Companies

Corporations

Filters

Under the Constitution, speech-oral, written, or symbolized by conduct-cannot be restricted in any way.

The Constitution expressly delegated to the states the power to regulate interstate commerce.

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against

A federal law prohibiting the use of a certain pesticide directly conflicts with a state law permitting that use. The state law will be rendered invalid due to

A federal law requires public libraries to install filtering software on computers to prevent children from accessing adult content online. This law

The Fifth Amendment prohibits unreasonable searches and seizures of persons or property.

The First Amendment protects commercial speech more extensively than noncommercial speech.

The First Amendment prevents limits from being placed on independent political expenditures by corporations.

All powers not specifically delegated to the federal government are reserved to the states.

Coffee Klatch Party Group, a political organization, files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to

Center City enacts an ordinance that imposes a jail term, without a trial, on all contractors who solicit business without a city permit. A court would likely review this ordinance under the principles of

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

Adult Shop in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely

National Hospital Organization (NHO), a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

The states can establish laws that substantially affect trade and commerce.

The U.S. Constitution explicitly mentions a general right to privacy.

Jon, a law enforcement official, monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information. This may violate Kelsey's right to