MGMT 211 1nd Edition Lecture 4Outline of Last Lecture I. Power of the Commerce ClauseII. Limitations on the Commerce ClauseIII. Supremacy ClauseIV. Power to TaxV. Contract ClauseVI. Bill of RightsOutline of Current Lecture I. Freedom of SpeechII. Freedom of ReligionIII. 4th Amendment – Freedom from Unreasonable Search and SeizureIV. 5th Amendment – Self-IncriminationCurrent LectureChapter 2: Constitutional LawI. Freedom of SpeechA. Not an Absolute Right – can’t say anything that you want; some limits1. Freedom of speech is cut off in war timea. Sometimes false information is presentedB. Government usually doesn’t like to censor1. Sometimes they do though, like how the tobacco companies can no longer advertise on TVC. Can’t advocate treasonThese 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 KyleFieldE. Hate Speech – jumps criminal severity up 1 levelF. Obscenity – based on community standard (EX: nudity, porn)G. Anything that leads to fightingH. Business Speech Rights1. Public Employees – representing government; can’t say anything you want when acting as a representative of the governmenta. Legality of your speech depends on if you were representing the government or not2. Commercial Speech – regulation of what businesses can and can’t saya. 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 saleof gas and Central Hudson Gas and Electric Company fought this law2) Four Step Guideline from Supreme Courta) Is the speech legal?b) Is the Government’s interest in limiting the speech substantialc) Does regulation of the government directly advance the goald) 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 gas3. Business Political Speecha. Currently a business can speak politically but in the past it couldn’tb. 1st National Bank of Boston v. Bellot (State of Massachusetts)1) Supreme Court says business has freedom of speechc. Citizens United v. Federal Election Commission1) Allowed businesses to help fundraise political campaignsII. Freedom of ReligionA. Establishment Clause – Government can’t make an official religion1. 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 constitutionala. 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 legal3. Business Contexta. Must be respectful of employees religious beliefs1) Civil Rights Act of 19642) 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 Sunday1) Challenged by Secular Groups but the Supreme Court said they weren’t religious in nature and were constitutionala) 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 Sundayc. Free Exercise Clause – “have rights to exercise religion as you see fit”1) IRS counts some religions as tax exempt2) Employer MUST give employee REASONABLE accommodation for religion as long as the business doesn’tsuffer3) Means you have the right to BELIEVE anything you want, but NOT the right to do anything you wanta) EX: The Mormon’s are no longer able to have multiple wivesIII. 4th Amendment – Freedom from Unreasonable Search and SeizureA. Warrant less Searches – officer can stop you if they think you’re committing or about to commit a crimeB. Open Field – no expectation of privacy on an open fieldC. Plain View – if an officer can see a crime taking place (i.e. smoking weed) they can arrest youD. A warrant however has to be specific1. If arrested police cannot search your car without a warrantE. Business Law – police don’t need a search warrantF. 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 law2. The officer can prove that he or she could have found the evidence legallyIV. 5th Amendment – Self – Incrimination A. Only applies to individuals and criminal casesB. Doesn’t apply to Businesses, civil law, or when you have TOTAL IMMUNITYC. Miranda v. Arizona – supposed to stop coerced confessions, but hasn’t worked as well as