BusinessLawUnit2Assignment - Olga Tikhonov Kaplan University LS311 Business Law Unit 2 Assignment 1 To Attorney Rice E Roni From Paralegal Tikhonov RE

BusinessLawUnit2Assignment - Olga Tikhonov Kaplan...

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Olga Tikhonov Kaplan University LS311: Business Law Unit 2: Assignment 1
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To: Attorney Rice E. Roni From: Paralegal Tikhonov RE: CARDWARE Date: September 10, 2016 MEMORANDUM STATEMENT OF FACTS: Our clients, the Cardigans, are going to introduce a new line of clothing called “Scantily Clad” with the slogan, “So light You Won’t Know You are Wearing a Thing!” A local television station, WBLAH, stated it would not air their commercial because of its content. WBLAH claim that it is not appropriate for children to see the commercial. QUESTIONS PRESENTED : Are the Cardigans protected under the First Amendment’s Freedom of Speech? BRIEF ANSWERS: Yes, although the First Amendment does protect the Cardigan’s Freedom of Commercial Speech, the FCC and the US Supreme Court has held that certain content cannot be displayed before a certain time and that a City has the right to exercise its police power in disallowing certain content to be advertised. APPLICABLE STATUTE/CASE LAW:
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Indecent content should be channeled to a time of day that children would not be exposed to it. FCC v. Pacifica Foundation, 438 U.S. 726, 748, 98 S.Ct. 3026, 3039, 57 L.Ed.2d 1073 (1978) .
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  • Spring '12
  • Westerman
  • First Amendment to the United States Constitution, Virginia State Board

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