• Discussion: How do you feel about a corporation being deemed to have the same freedom of speech protections as individuals? Should the rights of freedom of speech be weighed against the impact of allowing corporations to impact the outcome of political elections? • Practice Question: Dorothy is very dedicated to supporting her preferred political and its candidates. She routinely makes donations to candidates and to political groups. She inherits a large sum of money from her grandmother and is considering donating all of the money directly to a candidate that she supports for federal office. Can this result in any legal issues? What are some other options or methods of donating the money in support of the political candidate? Resource Video: 15. What is “overbreadth” or an “overbroad” law affecting freedom of speech? • Discussion: Do you believe that overly broad statutes could have the effect of causing individuals refrain from speech or expression that would otherwise be constitutionally protected? • Practice Question: ABC Town passes an ordinance that prohibits any form of nudity in public. The theater wants to put on a production of a famous ballet that requires the lead ballerina to temporarily expose her breasts during the performance. If the theater brings a court action challenging the ordinance, what will the court consider in determining whether the ordinance is constitutional? Resource Video: http://thebusinessprofessor.com/overbreadth-and-overly-broad-laws/ 16. What is the “Freedom of Press” granted under the 1st Amendment? • Discussion: How do you feel about the freedom of press? Should it be broader of more limited? Why? Why do you think the law distinguishes between prior restraints and restraints after the fact?
• Practice Question: Ernie has an Internet blog covering political issues that is becoming increasingly popular. Ernie’s state legislature passes a law that limits the ability to cover special interest group spending on lobbying activity. If Ernie challenges the law in court, what do you think will be the outcome? Resource Video: http://thebusinessprofessor.com/freedom-press/ 17. What is the “Freedom of Assembly”? • Discussion: Do you feel that common time, and manner restrictions on the freedom of assembly are overly burdensome? Or do you feel that this government authority is sufficiently extensive? Can you think of historical acts of assembly that were challenged based upon time, place, and manner or permit restrictions? • Practice Question: Beverly is interested in having a public protesting police brutality in the city. Public gatherings are generally limited to Monday through Saturday, but Beverly wants to hold the rally on Sunday. The city manager that approves requests for permits is adamantly against Beverly’s cause. He refuses Beverly a permit based upon the request for a Sunday date. Is there any issue with this situation? Resource Video: http://thebusinessprofessor.com/freedom-of-assembly-or-association/ 18. What is the 5th Amendment to the Constitution? • Discussion: Many people are familiar with the 5th Amendment in criminal law cases because of popular comedy skits (see The Dave Chapelle Show) or through popular movies (see Double Jeopardy). In what contexts are you familiar with the use of Amendment? • Practice Question: Meredith is confused about what protections exist under the 5th Amendment of the Constitution. She knows that there are criminal law protections and procedural protections. Can you briefly explain the various protections of the 5th Amendment to her? Resource http://thebusinessprofessor.com/what-is-the-5th-amendment/
Resource Video: • Discussion: Can you of any recent cases applying intermediate scrutiny to overturn a government law affecting a suspect class or individual rights? • Practice Question: Town A passes a law stating that no individual may transport a loaded weapon on public property without a license. A gun rights group challenges this law in court as restricting the 2nd Amendment’s right to bear arms. What standard will the court likely apply in determining the Constitutionality of this law? Resource Video: