Poli 411 Completed Study Guide

Poli 411 Completed Study Guide - STUDY GUIDE FOR FINAL EXAM...

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STUDY GUIDE FOR FINAL EXAM (POL. 411: CIVIL LIBERTIES & RIGHTS). Spring 2011. INSTRUCTIONS : These questions should guide your preparation for the final exam. Give them priority, but do not limit your preparation to material included here. There will be 12 questions total. You are to answer only 10. Each question will be worth 10 points. You may be asked to define some concepts. Feel free to answer in any order of your choosing. You should view this study guide as an opportunity to expand your knowledge of constitutional law. Good luck and cheers! 1) COMMERCIAL SPEECH 1) Define commercial speech and explain why it is important? Does it enjoy as much constitutional protection as political speech? Why is commercial speech subjected to governmental regulation? Commercial speech is essentially any form of advertising. It’s important because it’s different from political and social speech and is therefore regulated more extensively by the government. In Valentine v. Chrestensen the Court ruled that the First Amendment does not protect “purely commercial advertising.” Then in Bigelow v. Virginia, the Court reversed this saying, “The fact that the particular advertisement had commercial aspects did not negate all First Amendment guarantees. The existence of ‘commercial activity, in itself, is no justification for narrowing the protection of expression secured by the First Amendment.’” It’s subject to regulation because it is not equal to political speech in the eyes of the Constitution. Also because the government has an interest in regulating fraudulent or deceptive messages that may be found in advertisements and it’s more closely related to commerce than to speech. 2) In Bates v. State Bar of Arizona , explain why the state bar thinks advertizing (even) of routine legal services is a bad idea. They argued that advertising legal services tends to encourage unnecessary litigation, the ban protects against fraud and deception and preserves the pride and dignity of the profession, and that because legal skills vary from attorney to attorney, the advertising of fees for legal services is inevitably misleading. 3) How did the Court, through Justice Brennan’s opinion respond to the state Bar’s claims? The Court ruled that Arizona's total ban on lawyer advertising violated the free speech guarantee of the First Amendment, such that the discipline imposed on Bates and O'Steen had to be set aside. But that did not mean that states were powerless to regulate lawyer advertising at all. The Court reiterated that states may still ban "false, deceptive, or misleading" advertising by lawyers; regulate the manner in which lawyers may solicit business in person; require warnings and disclaimers on lawyer advertising in order to assure that the public is not misled; and impose other reasonable restrictions on the time, place, and manner of lawyer advertising. 4) What do you think are the implications of the Court’s decision for the legal profession
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This note was uploaded on 12/08/2011 for the course POLI 411 taught by Professor Issacunah during the Fall '10 term at UNC.

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Poli 411 Completed Study Guide - STUDY GUIDE FOR FINAL EXAM...

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