BMGT 380 Lecture Notes - Lecture 5: Fifth Amendment To The United States Constitution, Rational Basis Review, Scantron Corporation

• School: University of Maryland
• Department: Business and Management
• Course: BMGT 380
• Professor: Gideon Mark

Document Summary

Rule number 1: first amendment is not absolute. In certain situations the state and federal govt can restrict our freedom of speech. Rule number 2: generally, corporations have the same first amendment rights that individuals do, at least where non-commercial speech is concerned. Rule number 3: the government can prohibit commercial speech (meaning advertising) if it"s: leading or deceptive, proposes an illegal transaction. Commercial speech that isn"t deceptive, misleading or propose an illegal transaction, can government regulate this big group: yes, they can, use the intermediate scrutiny test. If it meets all 3 the government can ban free speech even if it doesn"t show deceptiveness, illegal transaction, etc. The restriction is no more expensive than necessary to accomplish the goal. Brewery in ny that wanted to advertise using an image of a frog. Ny liquor wanted to ban that advertisement and they did. Case about whether this was unconstitutional: court decided it was unconstitutional.