Solved by verified expert:Freedom of SpeechSilvia, an attorney in Florida, also was a licensed certified public accountant (CPA) and a certified financial planner (CFP). Silvia placed an ad in the yellow pages listing her credentials, including the CPA and CFP designations. The Florida Board of Accountancy reprimanded Silvia for using both the CPA and CFP credentials in an ad essentially emphasizing her legal work. Silvia challenged the board’s right to issue this reprimand. What is the legal basis for Silvia’s challenge? Explain.Other retail businesses in the mall in which your sports shoes shop is located have decided to open on Sundays from 12 noon to 6 p.m. You decide to follow suit, but two of your employees refuse to go along, saying it is against their religious beliefs to work on the Sabbath. You terminate their employment. They apply for unemployment compensation, and contend their unemployed status is your fault. If the state grants them benefits, you will be penalized since your unemployment compensation taxes will go up.
Should you contest their claim?
What would be the result if the employees refuse to work on Sunday because of their desire to play golf on that day?Reference textbook: Chapter 6 – The Legal and Regulatory Environment of Business 17th – Marisa Anne Pagnatt500-800 words
ch_6.ppt
Unformatted Attachment Preview
Introduction
➢ U.S. Constitution provides the legal
framework for federal government
➢ Influences regulation of business activities
6-7
Table 6.1 – First Fourteen Amendments to the
U.S. Constitution
6-8
Separation of Powers
➢ Federalism is the separation of powers
between federal and state/local
governments
➢ Federal government recognizes that states
have sovereignty
➢ State governments may not limit the federal
government’s exercise of powers
6-9
Supremacy Clause
Constitution is supreme
under all laws
Federal law is supreme
over state Law
Preemption
State law is invalid if it
conflicts with Federal law
6-10
Commerce Clause
➢ Provides federal government the power to
regulate business activity
➢ Regulation of foreign commerce
➢ State and local governments may regulate such
activities if they are conducted entirely within the
state’s boundaries
➢ Regulation of interstate commerce
➢ States cannot impede interstate commerce as
decided by the Supreme Court
➢ Impact on interstate commerce
➢ Federal government holds the power to regulate
persons engaged in and activities affecting interstate
commerce
6-11
Commerce Clause
➢ Limitation on authority depends on:
➢ Unstated restrictions within the clause
➢ Areas of regulation of commerce that require the
federal government to defer to the states or local
governments
6-12
Contract Clause
➢ States cannot enact laws that impact rights
and duties under existing contracts
➢ Does not apply to federal government
➢ State laws passed during emergency
situations can be approved
6-13
Amendments and Basic Protections
➢ Basic constitutional rights are not absolute
➢ Extent of a limitation on a constitutional
guarantee depends on the nature of the
competing public policy
➢ Constitutional guarantees exist to protect
the minority from the majority
➢ Constitutional rights vary from time to time
6-15
First Amendment Protections
Freedom of religion
Freedom of speech
Commercial speech
Freedom of press
6-16
Freedom of Religion
Establishment
clause
Free exercise
clause
6-17
Freedom of Speech
➢ Covers verbal and written communication
➢ Protects symbolic speech
➢ Unprotected speech
➢ Fighting words
➢ Obscenity
➢ Overbreadth doctrine
➢ Governmental restrictions on expression must
be narrowly drafted
6-18
Case 6.1: Freedom of Speech
➢ Case
➢ Snyder v. Phelps
➢ 131 S.CT. 1207 (2011)
➢ District Court for the District of Maryland
➢ Issue
➢ Westboro congregation members picketed at
the funeral and memorial service of marine
Lance Corporal Snyder causing emotional
distress and invasion of privacy by intrusion
upon seclusion
➢ Does the First Amendment prohibit holding Westboro
liable for its speech?
6-19
Commercial Speech
➢ Freedom of speech protects corporations
and individuals
➢ Protects the listener and the speaker
➢ Not as extensive as individual rights
➢ Government can limit commercial speech only
when a state interest is at stake
6-20
Freedom of the Press
➢ The press is accountable to what is printed
➢ Construed to prohibit prior restraints on
publications
➢ Libel is used to recover damages as a
result of printed defamation of character
6-22
Case 6.2: Commercial Speech
➢ Case
➢ Brown v. Entertainment merchants association
➢ 564 U.S. ____ (2011)
➢ Federal District Court of California
➢ Issue
➢ Respondents, representing the video-game and
software industries, filed a pre-enforcement
challenge to a California law
➢ Does the law of restricting the sale or rental of violent
video games to minors violate First Amendment
protection?
6-21
Second Amendment – Right to
Possess Guns
➢ The Supreme Court’s affirms the right to
possess guns in one’s home, ready for use
in self-defense
6-23
Fifth Amendment – Eminent Domain
➢ Allows the government to take private
property for public use after paying just
compensation
6-24
Case 6.3: Fifth Amendment
➢ Case
➢ Kelo v. City Of New London, Connecticut
➢ 125 S.Ct. 2655 (2005)
➢ Supreme Court of Connecticut
➢ Issue
➢ Whether New London Development
Corporation (NLDC), in taking property from
private owners, for the purpose of economic
development satisfy the public use requirement
of the Fifth Amendment?
6-25
Fourteenth Amendment – Equal
Protection and Due Process of Law
➢ States that no state shall make or enforce
any law which shall:
➢ Abridge the privileges or immunities of citizens
of the United States
➢ Deprive any person of life, liberty or property,
without due process of law
➢ Deny to any person within its jurisdiction the
equal protection of the laws
6-26
Due Process of Law
➢ Prevents governmental bodies from acting
in a manner that is arbitrary, capricious, or
unreasonable
➢ Procedural due process involve cases
regarding whether:
➢ Proper notice was given
➢ Proper hearing was conducted
➢ Incorporation doctrine
➢ Due process clause has been used to
incorporate the Bill of Rights and make
provisions applicable to states
6-27
Equal Protection
Minimum rationality
Strict scrutiny
Quasi-strict scrutiny
6-28
Equal Protection Issues
➢ Apportionment of legislative bodies
➢ Racial segregation in the sale and rental of
real estate
➢ Laws distinguishing the rights of legitimates
and illegitimates
➢ The makeup of juries
➢ Voting requirements
➢ Welfare residency requirements
➢ Rights of aliens
6-29
Sidebar 6.14 – Analysis of Equal
Protection
6-30
➢.
©2016 by McGraw-Hill Education.
…
Purchase answer to see full
attachment
Order a plagiarism free paper now. We do not use AI. Use the code SAVE15 to get a 15% Discount
Looking for help with your ASSIGNMENT? Our paper writing service can help you achieve higher grades and meet your deadlines.
Why order from us
We offer plagiarism-free content
We don’t use AI
Confidentiality is guaranteed
We guarantee A+ quality
We offer unlimited revisions