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Selected Constitutional Principles (Important Amendments)

Selected Constitutional Principles (Important Amendments) -...

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SELECTED CONSTITUTIONAL PRINCIPLES (IMPORTANT AMENDMENTS) GBL 395 – Part 6 Fall 2010 Professor Heidi Bulich 1
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Constitutional Protections – Citizens vs. Non-citizens 2 Under our Constitution, certain rights are afforded only to "citizens.“ However, in the area of civil liberties , which generally refer to those rights guaranteed by the Bill of Rights, the Constitution does not make distinctions based upon citizenship status, but guarantees certain basic rights to all "persons” – natural and corporate. Do not need to be a US citizen to enjoy these rights . Longstanding principle of American legal system, particularly the criminal justice system, that everyone must be treated equally. Certain basic rights, e.g., due process, must be equally applied across the board for the integrity of the legal system as well as for the benefit of the individual .
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Amendments Which Matter to Business First Amendment 3 First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech , or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. See p. 803. Simple? Should all expression be protected? If not, what expression should be subject to government censorship or prohibition.
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Amendments Which Matter to Business First Amendment 4 Commercial Speech Traditionally unprotected – “outside scope of First Amendment” Now has substantial protection –
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Amendments Which Matter to Business First Amendment 5 Review Central Hudson Gas & Electric Corporation v. Public Service , 100 S.Ct. 2343 (1980) What is commercial speech? How come the government does not have complete power to suppress/control commercial speech? Do the courts need to balance interests other than the First Amendment in reviewing these cases? Yes they do, they need to balance companies first amendment rights were our right to not be mislead by false advertising What is the 4-part test used announced by the Supreme Court? Was Central Hudson upheld in Lorillard?
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FDA Regulation of Tobacco 6 6/22/09 – President Obama signed The Family Smoking Prevention and Tobacco Control Act of 2009 which prohibits many common marketing techniques currently used by the tobacco industry Cannot use the terms: "light," "low," and "mild" Cannot market to teens by making tobacco look appealing Does it pass the 4-Part Test?
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7 Corporate Political Speech Contributions made in support of political candidates or for certain issues is considered speech and is protected. First National Bank of Boston v. Bellotti , 435 US 765 (1978) A corporation’s actions in publicizing views on a proposed constitutional amendment lay “at the heart of the First Amendment’s protection.” If the speakers were not corporations, no one would suggest the State could silence speech.
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