Chapter 4 part 2.doc

Business and the bill of rights The bill of rights is the first 10 amendments to the constitution Originally it only applied to the federal government Most have been incorporated to the states through the fourteenth amendment The supreme court is the final interpreter of the constitution Freedom of speech Gestures, movements, dance, clothes, etc Burning of American flag Johnson wins, and this is significant because it preserves our right to freedom of speech Commercial speech Speech and communication by business labels (ads, etc) Hornell Brewing Company vs. Brady Hornell wants to market a liquor named after Crazy Horse, an Indian. They must pass the Central Hudson Test the restriction on commercial speech is okay if: the speech is protected by the first amendment crazyhorse is not misleading it seeks to implement a substantial government interest protect native americans it directly advances that interest law doesn?t seem to advance the interest to native americans restricts speech as little as possible outlawing it is too restrictive, outlawing it only on reservations may have worked Hornell wins the case and can use the name Lewd and obscene speech is left to local standards Exception: Child pornography is considered lewd and obscene everywhere Fighting words are not okay Words leading to violence - Freedom of religion Government cant establish a religion (favor one) under the establishment clause We need to accommodate all religions without favoring one in particular (blue laws making things closed on Sundays) Free exercise clause If a law contradicts a persons religious beliefs we try to accommodate those beliefs If beliefs work against public policy and welfare the government can act Ex: Jehovah?s Witness can refuse medication for themselves, but not for a child