test 1 - Question 1 3 of 3 points The principle that...

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Question 1 3 of 3 points The principle that precedent is binding on later cases is stare decisis. Selected Answer: True Correct Answer: True Feedback: Correct. Question 2 Needs Grading A state passed a statute making it is illegal for newspapers to print any negative comments about public officials. A local newspaper in the state printed a negative news story about the local chief of police. The chief then sued. The newspaper argued that the statute conflicted with the First Amendment of the United States Constitution. The chief of police argued that the conflict with the United States Constitution did not matter since the statute was in line with the state constitution. Will the chief of police prevail with this argument? Fully explain.
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Answer: The First Amendment guarantees rights of free speech, press, and religion. This constitutional right generally protect ONLY against governmental acts. A newspaper article is considered commercial speech and is protected by the First Amendment, however the government is permitted to regulate it more closely than other forms of speech. Now this article that was printed had negative comments about the police chief, which is looked upon as an article that would cause defamation to the chiefs reputation. If the contents of the article meet the 4 criteria needed to win a case under defamation than the chief will prevail but its hard to determine the outcome without knowing the content of the article other than it was a negative article. In the Chiefs eye it might be negative, but the article in the newspaper might be the truth. Now the state is allowed to pass statutes called shield laws as long as they are in the best interest of protecting the rights of the people. Unfortunately for the police chief, I don't feel he would prevail with this argument because public officials receive less protection from defamation. The case of The New York Times v Sullivan shows that the free exchange of information is vital in democracy and is protected under the first amendment. If the information wounds the public official, tough luck!. So my answer is no the chief would not prevail on his argument Correct Answer: State constitutions must not conflict with the principles of the United States Constitution. The supremacy clause holds that the U.S. Constitution is the supreme law of the land. The chief of police will not prevail with this argument. Feedback: Feedback not available until question is graded. Question 3 3 of 3 points The notion of civil disobedience is founded on what principle? Selected Answer: Natural Law. Correct Answer: Natural Law. Feedback: Correct. Question 4 3 of 3 points The federal judicial branch of the U.S. government: Selected Answer: interprets statutes. Correct Answer:
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This note was uploaded on 04/29/2008 for the course LAW 105 taught by Professor Gamble during the Fall '07 term at New York Institute of Technology-Westbury.

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test 1 - Question 1 3 of 3 points The principle that...

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