LSB 3213 Lecture 4 Outline of Lecture Federal Laws o 10th Amendment o Checks and Balances Federal Power Limits on State Laws Privileges and Immunities Clause o State Tuition marriage license and fines for hiring out of state employees examples Full Faith and Credit Clause Dormant Commerce Clause o Winemaker Case Lecture 3 Quick Recap Federal laws vs state laws o Federal laws take priority over state laws Commerce clause for federal laws o Federal government regulates interstate commerce Four state law limitations Dormant Commerce Clause o Keeps states from heavily regulating interstate commerce Bill of Rights Individual rights limits on government Broad and general Not 100 absolute Courts decide details on legal arguments These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Free Speech 1st Amendment o Most basic of rights o Not 100 absolute Content neutral laws o There is a difference between laws that regulate speech and regulate the content of speech Laws that restrict content of speech o Example A group wants to celebrate Nazism and the Holocaust with a parade The government can t tell the group that they can t celebrate the content of their speech The government could regulate where or how they can celebrate Market Place of Ideas Justice Oliver Wendell Holmes 1919 the ultimate good desired is better reached by free trade in ideas The best test of truth is the power of the thought to get itself accepted in the competition of the market Philosophically says that in society we would like to have people be able to voice their opinions and let the market decide good or bad not have the government regulate it o This is similar to free economics let the words and actions be out there and let the market decide and regulate it Child Molester Case Sex offender barred from using Facebook and other social media o Sues says that it violates his right to free speech Free speech argument o Could you restrict the use of social media to only people over a certain age Public safety argument o Doesn t take away free speech but just takes away avenues he can contact minors how do we monitor his social media use The Courts favored free speech and said the law was too broad in banning all of his activity on social media Other examples of free speech vs public safety o It is illegal to yell fire in a crowded area when there isn t actually a fire as it may cause mass panic o Defamation false advertising about a competitor s product o A beer company wanted to make an offensive logo for their bottles but the government tried to ban it This was not legal however they could be required to sell the bottles only in bars on the top shelf where children can t see it etc Legal Analysis Proposed law no guns within 1 000 feet of a school 2nd Amendment o The right of the people to keep and bear arms shall not be infringed o Not an absolute right Public Safety Arguments o Want to keep guns off of school grounds not an absolute right what if you drive by a school and have a gun in your car nd 2 Amendment Arguments o What if you live within 1 000 feet and have guns in your house does that mean you don t have the right to have guns in your home what counts as school grounds what if you have a concealed carry on school grounds Commerce Clause o Interstate commerce guns sold through interstate commerce so the federal government is going to regulate where you take them o The court found that this was over reaching as it does not directly relate to interstate commerce The federal government make laws that are directly related to interstate commerce but not issues that have to do with public safety Dormant Commerce Clause o State laws no guns within 1 000 feet of school o Legal test Is there substantial government interest Yes public safety Is there a burden on interstate commerce NO o The state has the right to make laws that protect public safety not interstate commerce When safety is the question it is a state government decision When interstate commerce is the question it is a federal government decision Search Warrants Generally required but some exceptions o Food They can seize contaminated food without a warrant o Regulated industries Alcohol weapons blast mines don t need warrants o General enforcement schemes Don t need a warrant to audit your taxes OSHA doesn t need a warrant to inspect businesses to ensure that they are following OSHA regulations