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62. If a business is interstate, the states may not tax the portion of a business generated within one state, unless so
allowed by Congress.
a. True
b. False
63. In Japan Line, Ltd. v. County of Los Angeles, the Supreme Court held that is was constitutional for California to
tax foreign commerce, so long as the tax was correctly apportioned.
a. True
b. False
64. In Japan Line, Ltd. v. County of Los Angeles, the Supreme Court held that is was unconstitutional for the state of
California to tax property owned by a Japanese company that was located in California that was used in
international shipping.
a. True
b. False
65. Freedom of the press is much more restricted in Europe than it is in the U.S.; reporters who are critical of
government may face prosecution.
a. True
b. False
66. Because the First Amendment says that "Congress shall make no law...abridging the freedom of speech" the
Supreme Court has held that no statutes may limit speech.
a. True
b. False
67. In Ward v. Rock Against Racism, the Supreme Court held that freedom of speech means local governments
cannot control the volume at which people listen to music in public.
a. True
b. False
68. The Constitution specifies that political speech is due more protection than is commercial or business speech.
a. True
b. False
69. The Supreme Court is likely to strike down state laws that prohibit corporations from making any contributions to
support or oppose political issues in the state.
a. True
b. False
70. The Supreme Court has gradually moved more and more to restrict political speech by commercial interests.
a. True
b. False
71. In Consolidated Edison Co. v. Public Service Comm., the Supreme Court held that state utility regulators could
prevent the electric company from spending money to advertise the desirability of nuclear power.
a. True
b. False
72. In Consolidated Edison Co. v. Public Service Comm., the Supreme Court held that state utility regulators could
impose a restriction on political speech by a business so long as it was narrowly crafted to help achieve a
"compelling state interest."
a. True
b. False
73. In Consolidated Edison Co. v. Public Service Comm., the Supreme Court held that state utility regulators could
impose restrictions on the time, place or manner in which political speech was delivered so long as the restriction
was "reasonable."
a. True
b. False
74. In Consolidated Edison Co. v. Public Service Comm., the Supreme Court held that state utility regulators could
prohibit all expenditures by a business spent for political purposes only because the business is "highly regulated."
a. True
b. False
75. A federal law restricting pornography on the internet was stricken by the Supreme Court as unconstitutional for
being too sweeping in its coverage.
a. True
b. False
76. A state law prohibiting anonymous communications on the internet (such as sending spam from unidentified
sources) was stricken as a violation of the First Amendment.
a. True
b. False
77. In Citizens United the Supreme Court upheld the McCain-Feingold Act that placed strict limits on campaign
spending soon before an election.
a. True
b. False
78. The Supreme Court has held that freedom of speech under the First Amendment does not apply to commercial
speech, such as advertising by business.
a. True
b. False
79. Many restrictions on advertising have been held to violate both the Constitution and the antitrust laws.
a. True
b. False
80. Casino gambling is legal in Nevada but illegal in Texas, so Texas could ban the advertising of Nevada gambling in
the Texas market.
a. True
b. False
81. If there is a product about which consumers are ignorant, such as prescription drugs, the states may prohibit the
advertising of such products and their prices.
a. True
b. False
82. Restrictions on misleading commercial speech are generally constitutional.
a. True
b. False
83. In Central Hudson Gas & Electric Corp., the Supreme Court held that the New York Public Service Commission
could not prohibit utilities from spending money on ads for electricity even though they are regulated monopolies.
a. True
b. False
84. In Central Hudson Gas & Electric Corp., the Supreme Court held that the New York Public Service Commission
could restrict commercial advertising, so long as there was a strong governmental interest and the regulation was no
more extensive than needed to assist that interest.
a. True
b. False
85. In Central Hudson Gas & Electric Corp., the Supreme Court held that the New York Public Service
Commission, like other governmental agencies, could restrict advertising about unlawful activities.
a. True
b. False
86. In Central Hudson Gas & Electric Corp., the Supreme Court held that the New York Public Service Commission
and other governmental agencies could restrict misleading advertising.
a. True
b. False
87. When a company challenges a regulation restricting commercial speech, the company bears the burden of showing
the regulation goes beyond reason, as such rules are presumed to be justified.
a. True
b. False
88. When a company challenges a regulation restricting commercial speech, the state bears the burden of showing the
regulation is justified.
a. True
b. False
89. The Supreme Court held that although a state can regulate attorneys, prohibiting lawyers from sending letters to
solicit business from potential clients is not constitutional.
a. True
b. False
90. The Supreme Court has held that highly regulated professions, such as lawyers and doctors, are subject to
extensive state restrictions on advertising because these are "learned professions."
a. True
b. False
91. Publications like newspapers have an unrestricted right, under the First Amendment, to make any statement they
want to about commercial products.
a. True
b. False
92. When a newspaper criticizes a commercial entity such as a business, the business must be able to prove negligence
to recover damages for a defamatory falsehood.
a. True
b. False
93. For a publication to make critical remarks about a product, that could damage its sale, is not protected by the First
Amendment since the matter is commercial.
a. True
b. False
94. If a publication is sued for making critical comments about a product that could injure its reputation, the party
bringing suit must show that there was malice or a reckless falsehood for there to be liability imposed.
a. True
b. False
95. The Constitution of the United Kingdom was written initially in 1707.
a. True
b. False
96. The Magna Carta of 1215 limited the powers of the king (the monarch) in the United Kingdom.
a. True
b. False
97. The Fourth Amendment protects individuals against self-incrimination at trial.
a. True
b. False
98. If a business is regulated under a statute, federal officials have the right to enter the business at any time to conduct
inspections as needed to allow proper enforcement of the law.
a. True
b. False
99. Marshall v. Barlow's is a case that helped to establish the rule that warrantless searches can be unconstitutional.
a. True
b. False
100. To protect the public, government agencies may share any damaging evidence obtained in any search or seizure of
business property.
a. True
b. False
101. In New York v. Burger, the Supreme Court held that a closely regulated industry may be subject to warrantless
searches without violating the Constitution.
a. True
b. False
102. In New York v. Burger, the Supreme Court held that business is subject to search without a warrant only in cases
of "hot pursuit."
a. True
b. False
103. The rule that evidence gathered in violation of the Fourth Amendment may not be used in prosecution is known as
the exclusionary rule.
a. True
b. False
