LS305-01 Constitutional Law Unit 5 assignment

Ls305 01 constitutional law unit 5 assignment cases

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LS305-01 Constitutional Law Unit 5 assignment cases. The Central Hudson test recognizes the constitutionality of regulations restricting advertising that concerns an illegal product or service, or which is deceptive. For all other restrictions on commercial speech, however, the Court's test requires that the government show that the regulation directly advances an important interest and is no more restrictive of speech than necessary. The First Amendment's concern for commercial speech is based on the informational function of advertising. See First National Bank of Boston v. Bellotti , 435 U. S. 765, 435 U. S. 783 (1978). Consequently, there can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public about lawful activity. The government may ban forms of communication more likely to deceive the public than to inform it, Friedman v. Rogers , supra at 440 U. S. 13, 440 U. S. 15-16; Ohralik v. Ohio State Bar Assn. , supra at 436 U. S. 464-465, or Page 447 U. S. 564 commercial speech related to illegal activity, Pittsburgh Press Co. v. Human Relations Comm'n , 413 U. S. 376, 413 U. S. 388 (1973). 4. Defamation and libel speech depends on the person and the subject matter of the speech. New York Times Co. v. Sullivan , 376 US 254 (1964) held: A State cannot, under the First and Fourteenth Amendments, award damages to a public official for defamatory falsehood relating to his official conduct unless he proves "actual malice"--that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false. Pp. 265-292. A statement is made with "actual malice" if it is made "with knowledge that it [is] false or with reckless disregard of whether it [is] false or not." New York Times Co. v. Sullivan , 376 U.S. at 280.
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LS305-01 Constitutional Law Unit 5 assignment Question 2: Describe and explain at least three circumstances when a search warrant is not required for a valid search. Provide examples, and explain the impact of this issue. A search warrant is not required for a valid search when it is conducted on a vehicle that has been impounded, as in Cooper v. California , 386 U.S. 58 (1967). Petitioner was convicted of a narcotics violation in a California state court, partly through evidence which the police seized in a warrantless search of his car a week after his arrest. Pending forfeiture proceedings, the car had
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  • Fall '12
  • UNKNOWN
  • Supreme Court of the United States, First Amendment to the United States Constitution, Fourth Amendment to the United States Constitution, Constitutional Law Unit, LS305-01 Constitutional Law

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