LSB 3213 Legal and Regulatory Environment of Business Professor Jack Wroldsen Office 210 Spears Business Building jack wroldsen okstate edu 405 744 5418 Quick Recap Federal laws vs state laws Commerce clause for federal laws Four state law limitations Preemption Privileges and Immunities Full Faith and Credit Dormant Commerce Clause Bill of Rights Individual rights limits on government Broad and general Courts decide details legal arguments Not directly applicable to private businesses Free Speech 1st Amendment Content neutral laws vs Laws that restrict content of speech Marketplace 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 Child Molester Case Sex offender barred from using Facebook Free speech vs Public safety Balancing Test Freedom of speech is not absolute But restrictions must be narrowly tailored Child molester case restriction was too broad Other examples Movie theater Apple advertisements Liquor bottles Legal Analysis Proposed law no guns within 1 000 feet of a school 2nd Amendment Commerce Clause Dormant Commerce Clause 2nd Amendment The right of the people to keep and bear arms shall not be infringed Absolute right Proposed law no guns within 1 000 ft of a school Importance of legal arguments Commerce Clause US Congress no guns within 1 000 feet of a school nationwide Interstate commerce Other federal gun laws Background checks store licensing etc How about No guns may be sold in the US Dormant Commerce Clause OK state law no guns within 1 000 feet of any school in Oklahoma Legal test Substantial government interest Burden on interstate commerce Quick Recap Bill of Rights 1st Amendment 2nd Amendment etc balancing test Commerce Clause federal laws Dormant Commerce Clause state laws Studying for Exams Class discussion vs textbook Study guide for terminology Emphasis on application of legal concepts Sample exam question Sample Question Which legal philosophy does the following legal argument rely on most strongly Your honor Company A should be liable for stealing my restaurant s secret recipe Of course stealing has always been against the written law but most importantly everyone knows that this behavior is just plain wrong People should not be allowed to get away with stealing because it would erode the moral fiber of the nation Positive Law Legal Realism Natural Law Historical Approach Next Week Chapter 4 Constitutional Law Chapter 5 Business Ethics