MGMT 211 1nd Edition Lecture 4 Outline of Last Lecture I Power of the Commerce Clause II Limitations on the Commerce Clause III Supremacy Clause IV Power to Tax V Contract Clause VI Bill of Rights Outline of Current Lecture I Freedom of Speech II Freedom of Religion III 4th Amendment Freedom from Unreasonable Search and Seizure IV 5th Amendment Self Incrimination Current Lecture Chapter 2 Constitutional Law I Freedom of Speech A Not an Absolute Right can t say anything that you want some limits 1 Freedom of speech is cut off in war time a Sometimes false information is presented B Government usually doesn t like to censor 1 Sometimes they do though like how the tobacco companies can no longer advertise on TV C Can t advocate treason 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 D Symbolic Speech speech like hand signals like how the Yell Leaders control Kyle Field E Hate Speech jumps criminal severity up 1 level F Obscenity based on community standard EX nudity porn G Anything that leads to fighting H Business Speech Rights 1 Public Employees representing government can t say anything you want when acting as a representative of the government a Legality of your speech depends on if you were representing the government or not 2 Commercial Speech regulation of what businesses can and can t say a Central Hudson Gas and Electric Company v Public Service Commission of New York during the Arab Oil Embargo 1 Public Service Commission said you can t advertise the sale of gas and Central Hudson Gas and Electric Company fought this law 2 Four Step Guideline from Supreme Court a Is the speech legal b Is the Government s interest in limiting the speech substantial c Does regulation of the government directly advance the goal d Did the government go to far Or is there a better way of combating the problem 3 Central Hudson won the case because the Public Service Commission went to far they could have instead ran an ad campaign against the gas companies to make them look bad and thus limit the sale of gas 3 Business Political Speech a Currently a business can speak politically but in the past it couldn t b 1st National Bank of Boston v Bellot State of Massachusetts 1 Supreme Court says business has freedom of speech c Citizens United v Federal Election Commission 1 Allowed businesses to help fundraise political campaigns II Freedom of Religion A Establishment Clause Government can t make an official religion 1 School Prayer Courts are normally against it they try to stop prayers from being school functioned try to eliminate prayer in school 2 Religious Artifacts Posters Sayings etc as long as more than one religion is represented the Supreme Court has said its constitutional a Religious in historical context of the law EX Ten Commandments Parts of the Torah Parts of the Qur an etc b Van Orden v Perry sued over religious monuments declared legal 3 Business Context a Must be respectful of employees religious beliefs 1 Civil Rights Act of 1964 2 Can t create a religion to avoid a law EX Church of Free Love and Marijuana b Blue Laws Sunday Laws state mandated closing of businesses on Sunday 1 Challenged by Secular Groups but the Supreme Court said they weren t religious in nature and were constitutional a Doesn t exist as much anymore because of greed business want to be open more to make more money 2 Liquor stores can t be open on Sunday c Free Exercise Clause have rights to exercise religion as you see fit 1 IRS counts some religions as tax exempt 2 Employer MUST give employee REASONABLE accommodation for religion as long as the business doesn t suffer 3 Means you have the right to BELIEVE anything you want but NOT the right to do anything you want a EX The Mormon s are no longer able to have multiple wives th III 4 Amendment Freedom from Unreasonable Search and Seizure A Warrant less Searches officer can stop you if they think you re committing or about to commit a crime B Open Field no expectation of privacy on an open field C Plain View if an officer can see a crime taking place i e smoking weed they can arrest you D A warrant however has to be specific 1 If arrested police cannot search your car without a warrant E Business Law police don t need a search warrant F Exclusionary Rule anything illegally seized is thrown out in a court of law UNLESS 1 The officer can prove that he or she acted in good faith and didn t intend to break the law 2 The officer can prove that he or she could have found the evidence legally IV 5th Amendment Self Incrimination A Only applies to individuals and criminal cases B Doesn t apply to Businesses civil law or when you have TOTAL IMMUNITY C Miranda v Arizona supposed to stop coerced confessions but hasn t worked as well as hoped