EXAM REVIEW TOPICS Commercial speech standard of review legal limitations on commercial speech Commercial speech purpose of business CHAPTER 5 Restrains the commercial cigarettes out of TV 1 Damage government interest 2 Directly advance that interest 3 It must go no further than necessary to accomplish its objective Difference between political and commercial speech and how they are regulated Purpose intent Constitutional protection Restriction Commercial Single private entity business wallet Far less constitutional protection 1 Government interest 2 Directly advance that interest 3 It must go no further than necessary to accomplish its objective Political Public good mind Strongest under 1st Reasonable restrictions Expression oral written or symbolized by conduct Allowed neutral E g nude dancing Corporate political speech bidding a corporation from including inserts within its bills to express its views on controversial issues violates the 1st Amendment Unprotected speech violated criminal law fighting words violated slander 1 Obscene speech 1998 child online protect act harmful to miners 2003 child internet protection act Meta tags of daily web can t pass 2 Online obscenity Filtering software Meta tags Equal Protection clause what is it What does it get you Equal protection 4th government can t treat similarly situated individuals differently Strict scrutiny a Supreme Court test to see if a law denies equal protection Cant trade different Intermediate Scrutiny case involving discrimination based on gender or legitimacy Substantially related to important gov t objectives interest The rational basis test less intensive than strict scrutiny or an intermediate review that involves a determination of whether a statutory or regulatory classification of persons has a rational basis and does not deny equal protection under the constitution Due process rights where do they come from Due process 14th 5th no person shall be deprived of life liberty or property without due process of law Procedural due process what do you get 14th Procedural due process fair equally treatment by courts law and government in general Government must give a person proper notice and an opportunity to be heard 1 Notice from government of charge 2 Reasonable hearing 3 Opportunity to choose appear the trial or not Difference between substantive and procedural due process Substantive due to process used by courts to protect freedoms by making sure government doesn t violate a fundamental right without good reason 5th Substantive Definition Difference between substantive and procedural due process E g right to have an abortion right to get married right to not be discriminated Procedural you are not afforded the proper procedures the law allows you to have right to not have your home searched by the police without probable cause right to an attorney and a fair trial right to a jury in criminal matters and suits at law Arrest requirements warrants warrant exceptions Arrest requirement Warrants Warrant exception 1 Felonies 2 Misdemeanors and infractions Have a probably cause 1 Hot pursuit disappear evidences emergencies 2 Plain view exception 3 Automobile exception 4 Search Incident to arrest 5 Consent 6 Stop frisk terry stop 2nd Amendment 4th Amendment 5th Amendment 6th Amendment 7th Amendment 8th Amendment Rules own residents First Eighth Amendments rights and protections afforded generally 1st Amendment 1 Freedom of speech 2 Freedom of religion 1 Bear arms 1 Searches seizures 2 Equal protection 1 Self incrimination 2 Due process 3 Fair payment for property taking 1 Speedy trial right to console commitment 2 Right to cross examine witness 3 Trial by jury criminal how many people get into 1 Right to a trial in civil case 12 1 Prohibits excessive unusual punishment Privileges and Immunities Clause what it gets you and what it doesn t get you Citizens of each state shall be entitled to all privileges and immunities of citizens in the several states Foreign state must have a substantial reason for treating the nonresident differently from its Foreign state must have a substantially related to states ultimate purpose in adopting the legislation or regulating the activity Eminent Domain what is it where does it come from what does it mean Eminent domain power to take private property for public use by a state or a national government Fair payment for the government taking private property power to take private property for public use by a state or a national government Definition Come from 5th Amendment Mean Not a part of common law in international law the state is regarded as the representative owner of the national territory and all property within its national boundaries Administrative agencies different kinds to whom they report 1 Executive agencies federal executive agencies CHAPTER 6 a Cabinet departments of the executive branch and the sub agencies within the cabinet departments b Have single administrator director or secretary who is appointed by the presidents to oversee the agency and can be removed by the president at any time 2 Independent regulatory agencies outside the federal executive departments headed by a cabinet secretary a Federal trade commission and Securities and Exchange Commission b Run by commission or board made up of several members one of whom serves as the agency s chair without just cause c Commissioners or board members typically serve for fixed terms and cannot be removed The delegation doctrine agencies that can create rules for implementing those laws granting congress the power to establish administrative Exhaustion doctrine A party must have used all potential administrative remedies before filing a suit Give the agency the opportunity to evaluate the argument and find facts that a court might later use Power of administrative rules Legislative rules Interpretive rules declare policy and do not affect legal rights Notice and comment rulemaking procedures what are the steps Why go through formal rulemaking Rulemaking legislation rule the formulation of new regulations or rules Notice and comment rule making procedure Notice of the proposed rulemaking Federal register everyday publishes a notice of the proposed rulemaking proceedings Allow ample time for persons to comment in writing on the proposed rule 30days Comment period The final rule Code of Federal regulation once a year drafts the final rule and publishes it Investigatory powers of agencies Inspections gather information
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