LSB 3213 Lecture 4Outline of Lecture - Federal Lawso 10th Amendmento Checks and Balances- Federal Power- Limits on State Laws- Privileges and Immunities Clauseo State Tuition, marriage license and fines for hiring out of state employees examples- Full Faith and Credit Clause- Dormant Commerce Clauseo Winemaker Case Lecture 3Quick Recap• Federal laws vs. state lawso Federal laws take priority over state laws• Commerce clause for federal lawso Federal government regulates interstate commerce• Four state law limitations• Dormant Commerce Clauseo Keeps states from heavily regulating interstate commerceBill of Rights• Individual rights – limits on government• Broad and general• Not 100% absolute• Courts decide details on legal argumentsThese 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 Amendmento Most basic of rights o Not 100% absolute• Content neutral lawso There is a difference between laws that regulate speech and regulate the contentof speech• Laws that restrict content of speecho 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 celebrateMarket 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 itChild 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 argumento Could you restrict the use of social media to only people over a certain age• Public safety argumento 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 panico Defamation/false advertising about a competitor’s producto 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 onlyin bars, on the top shelf where children can’t see it, etcLegal Analysis• Proposed law: “no guns within 1,000 feet of a school”• 2nd Amendmento “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• 2nd 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 Clauseo Interstate commerce: guns sold through interstate commerce so the federal government is going to regulate where you take themo 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 Clauseo State laws- no guns within 1,000 feet of schoolo Legal test:  Is there substantial government interest? Yes-public safety Is there a burden on interstate commerce? NOo 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 decisionSearch Warrants• Generally required, but some exceptions:o Food They can seize contaminated food without a warranto 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 toinspect businesses to ensure that they are following OSHA