Law 3220 1st Edition Lecture 5 Outline of Last Lecture I Trial Stage II Damages III Injunctions IV Settling V Clauses Outline of Current Lecture I II III Taxing Power Business and Free Speech a Commercial Speech b Political Speech Amendments Current Lecture Constitutional Clause will tell you what the law is the case will tell you how it is applied State law NEVER prevails over federal law Taxing Power o Reasons for taxes 1 Raise revenue 2 Impose punishment or fines Ex Tobacco tax estate tax gift tax capital gains tax o Congress has the ability to lay and collect taxes o 55 tax credit for solar energy o State Taxes Can t have taxes about interstate commerce Can t tax interstate travellers Can t tax foreign commerce Business and Free Speech o Commercial Speech advertising Shapiro vs Kentucky BAR BAR had limited lawyer advertising lawyers sued because violation of first amendment rights BAR slowly opened up more ways for lawyers to advertise Bigelow vs Virginia Newspaper advertised low cost abortions in New York 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 NYPSC banned anything that promoted the use of electricity gov found that the ban was more extensive than necessary reversed it in support of electric company 4 Part Test to see if restriction is ok 1 Does it concern a lawful matter 2 Does the government have an interest in that matter 3 Does the restriction directly advance gov interest 4 Is the restriction no more extensive than it has to be Standard for judging commercial speech Is it reasonable and narrowly designed to reach the desired objective To sue a bad review etc Have to prove malice and show a knowing and reckless falsehood o Political Speech Campaigning bills and laws political statements o Cyberlaw Georgia vs Miller Georgia said crime to transmit data through computer network that uses false identify struck down as being too broad Communications Decency Act Restricted pornography for children on internet said it was too broad o Consolidated Edison Company vs Public Service Commission of New York a regulatory agency ConEd advertised nuclear power New York didn t want that court asked if it was reasonable compelling and served the city and concluded people could choose not to read it Right to Bear Arms 2nd Amendment o Oklahoma company prohibited employees from keeping guns in lockers at work Unreasonable Search and Seizure 4th Amendment o Cannot have your car searched unless there is probable cause o Government needs a warrant to search a business or you can give them permission o House or business not subject to random police searches o Evidence gotten incorrectly is thrown out Ex Looking for an escaped convict in your house without a warrant and find a bong o Limits on Searches Warrants Martin vs Barlow Right of Self Incrimination 5th Amendment o Right not to be forced to testify incriminate yourself Takings Clause Government can take your house land etc but they have to give you just compensation Imminent Domain o Kilo vs City of New London Homeowners along river refused to sell along river city used imminent domain homeowner sued court said it was for public benefit went to Supreme Court said for economic growth and rejuvenation so homeowner had to sell 6th Amendment Right to a speedy and public trial 7th Amendment Right to a jury 8th Amendment No cruel and unusual punishment 14th Amendment Due process of law equal protection amendment and all federal rights also apply to states Fresenius Medical Care Holding vs Tucker Florida MD s cannot refer their patients to services to businesses where they have financial interest