BUL3310 EXAM 2 STUDY GUIDE CHAPTER 5 Commercial speech standard of review legal limitations on commercial speech Standard of review Immediate scrutiny o Falls within the protection of the first amendment Legal limitations on commercial speech Don t market to children The government had a substantial say in selling a product and the speech of product Difference between political and commercial speech and how they are regulated Political Speech Subject to strict scrutiny Commercial Speech Consists of communications primarily advertising and marketing made by business firms that involve only their commercial interests o Government cannot regulate on content but it can regulate the 1 Time 2 Place 3 and manner of speech o The protection given to commercial speech under the 1st amendment is less extensive than that afforded to noncommercial speech o A restriction on commercial speech will be considered valid as long as it meets three criteria 1 It must seek to implement a substantial government interest 2 It must directly advance that interest 3 It must go no further to accomplish its objective Equal Protection clause what is it What does it get you Equal Protection clause The provision in the 14th amendment in the Constitution that guarantees that no state will deny to any person within its jurisdiction the equal protection of laws If the government wants to treat you differently they have to have a valid reason but it mandates that the state governments treat similarly situated individuals in a similar manner o Example Koramatsu soldiers were treated differently because of the way they looked o Has to go through intermediate scrutiny where regulation is substantially related to the interest Due process rights where do they come from Due process The provisions of the 5th and 14th amendments to the Constitution that guarantee that no person shall be deprived of life liberty or property without due process of laws State must respect all of the legal rights that are owed to a person It comes from the 5th amendment and the 14th amendment o The 5th amendment deals with procedural law o The 14th amendment deals with substantive law Procedural due process what do you get For a procedural due process you get the charges reasonable hearings and an opportunity to appeal the decision Difference between substantive and procedural due process Substantive law Rules that define the manner in which the rights and duties of individuals come with respect to each other o Government weighs interests in the rights of the individual o Government has to show compelling interest take action and carry out a rational relationship test Procedural law Rules that define the manner in which the rights and duties of individuals may be enforced o Get notice of the charges reasonable hearing and an opportunity to appeal decision Arrest requirements warrants warrant exceptions Need to have probable cause for both arrests and warrants 6 Warrant exceptions o Stop and frisk known as a terry stop o Search incident to arrest o Consent search your car you can say yes or no o Plain view sight if the officer goes into your house and sees marijuana in the open o Automobile since they can disappear quickly o Hot pursuit disappearing evidence if they hear you flushing drugs down the toilet you re trying to get rid of the evidence First Eighth Amendments rights and protections afforded generally First Amendment o Press o Freedom of speech o Religion o Assembly o Petition the government Second Amendment o Right to bear arms Third Amendment o Quartering of troops Fourth Amendment o Search and seizure Fifth Amendment o Can t be made a witness against yourself have the right to not answer a questions o Due Process an opportunity to be heard o Eminent Domain If government takes property then they have to compensate you for it Sixth Amendment o Speedy trial o Right to counsel o Right to cross examination o Trial by jury If they are not citizens i e prisoners of war then they do not get a speedy trial Right to an attorney if you can t afford one Gideon case How many people are in your jury is left up to the states Seventh Amendment Eighth Amendment o Right to a civil jury in cases that involve more than 20 o Inhibits courts from overturning a jury s finding of fact o Prohibits federal government from imposing excessive bail o Prohibits federal government from imposing excessive fines o Cruel unusual punishment including torture When we have juvenile defenders Youngest boy to be executed was 14 Prisoners still maintain 8th amendment right Privileges and Immunities Clause what it gets you and what it doesn t get you Privileges and Immunities Clause Special rights and exceptions provided by the law that require states to not discriminate against one another s citizens One state cannot treat its citizens better than citizens from different states one state cannot treat members of another state as aliens Residents of one state that are visiting another state are allowed legal protection access to courts travel rights and property rights o Unless they have a substantial reason to do so and it deals with the state Eminent Domain what is it where does it come from what does it mean Eminent Domain The right of a government or its agent to expropriate private property for public use with payment of compensation Comes from the 5th amendment o Example Can t just put a highway through property and if they do the government has to compensate you for that highway The Lemon test when does activity violate the Establishment Clause Lemon test Separation between church and state How can the government go when being involved in religion 1 State action Have to have a state actor so government or stat act 2 Secular purpose no religion 3 Does it have a secular effect 4 Excessive entanglement a Government cannot be entangled with religion CHAPTER 6 Administrative agencies different kinds to whom they report Administrative agencies 2 types o Executive administrative agency An administrative agency within the executive branch of government At the federal level executive agencies are those within the cabinet departments By the government o Independent administrative agencies An administrative agency that is NOT considered part of the government s executive branch and is NOT subject to the authority of the president Independent agency officials cannot be removed without cause People based Requirement that if you are seeking to challenge the action of the
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