I. Last Lecture Outline:CONSTITUTIONAL STRUCTURE OF GOVERNMENTA. Federal StructureB. Commerce Clause1. Congress regulates interstate commercea) Interstate v. Intrastateb) Case guidance(1) Wickard v. Filburn(2) Ollie’s BBQ(3) Must involve some aspect of commerceC. Limiting the Government’s Power1. Freedom of Speecha) What is speech?(1) Symbolic speech(2) Words, gesturesb) Government restrictions on speech(1) Reasonable restrictions(a) Content neutral(b) Restriction content(i) Compelling government interest, and(ii) Interest can only be furthered by the law2. Freedom of Speech in Businessa) Businesses have political speech rights similar to individualsb) Commercial Speech(1) the criteria of the 4-part test below.(a) Speech at issue concerns a lawful activity and is not misleading(b) The regulation seeks to implement a substantial governmental interest(c) The regulation directly advances the governmental interest(d) The regulation restricts speech no more than necessary to achieve the governmental interest.(2) Bad Frog Brewery1. Unprotected speecha) Defamation and/or other untruthsb) Fighting wordsc) Obscenity2. Freedom of Religiona) Establishment Clauseb) Free Exercise ClauseB. Due Process Clause1. Substantive2. ProceduralC. Equal Protection Clause1. Three different testsa) Strict scrutiny(1) suspect class(2) compelling governmental interestb) Intermediate scrutiny(1) Usually involves gender(2) Substantially related to important government objectivec) Rational basis(1) Most business regulations(2) Rational method that relates to a legitimate government interest.D. Privacy1. 4thAmedment2. Medical records3. Patriot ActMGMT 217 1st Edition Lecture 7I. Last Lecture Outline:CONSTITUTIONAL STRUCTURE OF GOVERNMENTA. Federal StructureI. Separation of powersa. Legislativeb. Executivec. JudicialII. Reservation of Powers to the States-Police PowersIII. The Supremacy ClauseB. Commerce Clause1. Congress regulates interstate commerce a) Interstate v. Intrastateb) Case guidance(1) Wickard v. Filburn(2) Ollie’s BBQ(3) Must involve some aspect of commerceSee, Handgun regulation casesC. Limiting the Government’s Power1. Freedom of Speech-Congress shall make no law …abridging the freedom of speech.a) What is speech?(1) Symbolic speech(2) Words, gesturesb) Government restrictions on speech(1) Reasonable restrictions(a) Content neutral-narrowly tailored, See, Doe v. Prosecuter, Marion County, Law forbidding sex offender from using social web sites.(b) Restriction content(i) Compelling government interest, and(ii) Interest can only be furthered by the law2. Freedom of Speech in Businessa) Businesses have political speech rights similar to individualsb) Commercial Speech Governments may regulate commercial speech if they can meet(1) the criteria of the 4-part test below.(a) Speech at issue concerns a lawful activity and is notmisleading(b) The regulation seeks to implement a substantial governmental interest(c) The regulation directly advances the governmental interest(d) The regulation restricts speech no more than necessary to achieve the governmental interest.(2) Bad Frog BreweryThis Lecture Outline:1. Unprotected speecha) Defamation and/or other untruthsb) Fighting wordsc) Obscenity2. Freedom of Religiona) Establishment Clauseb) Free Exercise ClauseB. Due Process Clause-government shall not deprive people of life, liberty, or property without due process1. Substantive 2. ProceduralC. Equal Protection Clause- No person shall be denied equal protection of the laws1. Three different testsa) Strict scrutiny(1) suspect class(2) compelling governmental interestb) Intermediate scrutiny(1) Usually involves gender(2) Substantially related to important government objectivec) Rational basis(1) Most business regulations(2) Rational method that relates to a legitimate government interest.D. Privacy1. 4thAmedment-unreasonable search and seizure2. Medical records-HIPAA3. Patriot ActLecture: Untruths are not protected. If you say something bad about someone that is not true, you are liable for any damages to their reputation. If you say something untrue that can endanger someone else, like shouting fire when there is no fire, you can get in trouble. Swearing and words that can cause someone to fight are not protected either. Establishment Clause: says that congress cannot make a law or do anything that supports a particular religionFree Exercise Clause: Congress cannot make any law preventing citizens from practicing a religion.Due Process: Congress must follow fair and legal procedures. There are two kinds of due process substantive due process imposes limits on what legislation judges can enact. Procedural due process means that a person needs to be given proper notice before the trial. Equal Protection Clause: The law that makes things unequal has to serve a purpose for the government and there has to be a rational explanation for the law.Patriot Act: Passed after 9-11. The U.S government can monitor calls and internet activity for potential