Exam 4: The Constitution: Focus on Application to Business

In Consolidated Edison Co.v.Public Service Comm. ,the New York utility commission ruled that the electric company could not send its customers information in support of nuclear power.The Supreme Court held that the restrictions imposed by the New York utility commission were:

Which of the following restrictions on commercial speech would you expect to be held to be constitutional under the Central Hudson Gas & Electric test?

Fact Pattern 4‑1 You own Priscilla's Pecans.You employ five people and sell your pecan products in one town in Georgia.Your products are not sold in any other state. The federal government imposes regulations on the pecan industry.The Georgia legislature issues its own safety laws that are stricter than the federal rules.Georgia also places a tax on pecan products made out-of-state because it fears those products will not be as safe as those produced in Georgia under the strict Georgia regulations. The regulations raise the cost of doing business.To register your unhappiness with the Georgia regulations you attach a label to your products that alerts customers to the rules and expresses your view that the rules are unnecessary and too costly.You donate $10,000 to the campaign of Lucinda Snopes,a friend who is running for the legislature.She opposes the pecan law. Buddy Reeves,the county attorney,reads the label criticizing the new safety regulations.He draws up a complaint against you and against Priscilla's for distributing inflammatory statements in commerce.He instructs the sheriff to seize your products in order to stop distribution of your statement,which the sheriff does.You contact attorney Travis Shifflett and ask him to represent you. -Refer to Fact Pattern 4-1.The tax Georgia places on out-of-state pecan producers is:

The Klan Motel is one of twenty motels in town but the only one that refuses to rent rooms to non-whites.Congress holds that motels may not discriminate on the basis of race.The Klan Motel challenges the regulation as it applies to that motel.The owner will:

Under the Fifth Amendment,when can a person be forced to produce documents for a government prosecution that could implicate a business in a violation of the law?

"No person shall be ...compelled in any criminal case to be a witness against himself." is the:

Due process rights are concerned with the fairness of law enforcement procedures as well as with the content of legislation.

Dr.Ayau is a new doctor who has just set up a practice in San Diego.She places ads in the papers to tell people that she will see patients and she will be in her office on Sundays.The California Medical Assn.(CMA)moves to strip Dr.Ayau of her license to practice medicine because such ads are unethical.The Supreme Court is likely to say that the CMA:

In Pro's Sports Bar & Grill v.City of Country Club Hills,the appeals court held that a city violated the due process rights of a business with respect to its liquor license.

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.

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

The Uniform Division of Income for Tax Purposes Act uses which of the following factors to divide a company's income:

Freedom of the press is much more restricted in Europe than it is in the U.S. ;reporters who are critical of government may face prosecution.

Wickard v.Filburn concerned the ability of Congress to impose controls on wheat growing,including a small farm that produced a small amount of wheat for use on the farm.The Supreme Court held that the controls were:

The Supreme Court has held that Congress may pass taxes so long as they do not interfere with interstate commerce.

The Bill of Rights is the:

In Consolidated Edison Co.v.Public Service Comm. ,the New York utility commission ruled that the electric company could not send its customers information in support of nuclear power.The Supreme Court held the commission was:

Federal regulation ______________ state regulation.

The way the Constitution is interpreted has changed over time.

Fact Pattern 4‑1 You own Priscilla's Pecans.You employ five people and sell your pecan products in one town in Georgia.Your products are not sold in any other state. The federal government imposes regulations on the pecan industry.The Georgia legislature issues its own safety laws that are stricter than the federal rules.Georgia also places a tax on pecan products made out-of-state because it fears those products will not be as safe as those produced in Georgia under the strict Georgia regulations. The regulations raise the cost of doing business.To register your unhappiness with the Georgia regulations you attach a label to your products that alerts customers to the rules and expresses your view that the rules are unnecessary and too costly.You donate $10,000 to the campaign of Lucinda Snopes,a friend who is running for the legislature.She opposes the pecan law. Buddy Reeves,the county attorney,reads the label criticizing the new safety regulations.He draws up a complaint against you and against Priscilla's for distributing inflammatory statements in commerce.He instructs the sheriff to seize your products in order to stop distribution of your statement,which the sheriff does.You contact attorney Travis Shifflett and ask him to represent you. -Refer to Fact Pattern 4-1.The question of whether or not you may attach the label criticizing regulation of pecan products,most significantly affects which of your rights?