9/19/13

Question 1

What is the judicial notion of interstate commerce?

Answer 1

A state may not impose a tax on goods coming in, unless it imposes the same tax on its own locally grown/manufactured goods.

Question 2

Is the State supposed to act as a market regulator or market participant?

Answer 2

Neither. Acting as a regulator violates the Commerce Clause and is therefore unconstitutional, while acting as a market participant is an exception from the Commerce Clause.

Question 3

What does the 1st Amendment of the Constitution say?

Answer 3

Congress shall make no law abridging freedom of religion, press, free speech, etc.

Question 4

What are the 5 areas of speech?

Answer 4

1. Subversive speech
2. Fighting words
3. Commercial/corporate speech
4. Obscenity
5. Defamation

Question 5

What is subversive speech?

Answer 5

The calling for the overturn of the US Government

Question 6

What is the regulation on subversive speech?

Answer 6

“Subversive speech, even if by means of violence, should be subject to punishment and restraint, but if, and only if, that speech is coupled with surrounding facts and circumstances that would lead to immediate lawless conduct in the streets.”

• late Justice Douglas

Question 7

What is the definition of Fighting words?

Answer 7

Face-to-face speech that is likely to breach the public order

Question 8

Which key factors must a State articulate if it wants to limit/regulate/restrain commercial speech?

Answer 8

1. legitimate/substantial reason in wanting to restrain/limit existence of speech
2. use of least intrusive measures to achieve the State’s interest/goal

Question 9

What must be afforded 1st Amendment protection?

Answer 9

Any truthful, non-misleading proposal by any corporate/business