Preview

Assignment 1: Critical Legal Thinking Case

Satisfactory Essays
Open Document
Open Document
479 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Assignment 1: Critical Legal Thinking Case
Critical Legal Thinking Case Assignment One
Rodney Francis
Florida State College at Jacksonville

Business Law and Ethics
BUL 3130
September 6, 2014

Abstract The federal government has the power regulate the advertising of alcohol. This may also raise some question about the constitutional right of the government acting in such manner. Alcohol sold to underage drinkers is a problem but taking away a constitutional right from a company may not be the answer.

Analysis of the facts involved in this case clearly shows that the passage of this ordinance is indeed unconstitutional. This directly in defiance of the First Amendment of the U.S Constitution.
Areas and Principles of Law The first amendment of the United States Constitution guarantees freedoms concerning religion, expression, assembly, and the right to petition. It guarantees freedom of expression by prohibiting Congress from restricting thee press or the rights of individuals to speak freely. Restricting the Monkey Juice billboards have raised an important constitutional issue which our company will use in our effort to challenge the ordinance. Because prohibiting the billboards that advertise alcohol is directly regulating speech, then it is safe to say that is directly violate the right of free speech protected by the First Amendment to the U.S Constitution.
…show more content…
In response, the city has passed an ordinance prohibiting billboard advertising of alcoholic beverages “designed to attract consumption by anyone under the age of 21” within 15 miles of any school. Compliance with this ordinance requires the distributors of Monkey Juice to abandon 80 per cent of its highly effective billboard

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Govt201 Unit 1 Amendment

    • 446 Words
    • 2 Pages

    1st Amendment - Protects freedom of speech, freedom of religion, and freedom of the press, as well as the right to assemble, right to protest, and petition the government.…

    • 446 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The (Plaintiff) Johnny Singstealer is seeking the sum of $1 million from the (Defendant) Bobby Bandleader, for alleged copyright abuse of the song “Happy Birthday to You”. The (Plaintiff) Johnny Singstealer is the copyright holder to the said song. The (Defendant) Bobby Bandleader is a Bistro owner who performs the song in an altered version (his own words are used) to his customers on their birthdays and have been doing so for the past twenty years without obtaining any licensing or permission from the copyright holder (Plaintiff) Johnny Singstealer.…

    • 795 Words
    • 4 Pages
    Good Essays
  • Good Essays

    - Utilizing resources: When client advised Mark that his closing cost keeps on going up Mark should have pulled up the application package on the HHYNW the client did have a lender credit of 2250.00 Mark should have went over the numbers to make sure client was aware of a lender…

    • 648 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    MILLERSBURG — A former Millersburg man who thought he had a chance of going home from prison after serving five-and-a-half years of an eight-year sentence will have to wait at least another two weeks to learn if he will be granted judicial release.…

    • 395 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Superior Court Case Study

    • 8217 Words
    • 33 Pages

    Business owners and landlords have a duty to protect patrons and tenants from foreseeable criminal acts of third parties occurring on their premises.…

    • 8217 Words
    • 33 Pages
    Good Essays
  • Good Essays

    Hazelmeier Case Summary

    • 1304 Words
    • 6 Pages

    The majority opinion on this case supports that T.M. in his claim that the city ordinance is unconstitutional. I agree with this because it’s not fair, even though it was created to protect the people in the city. The ordinance isn’t specific enough to go after crime related activities in the community. I believe that minors should have the same rights as adults, which is why I disagree with the ordinance. Finally, I also believe that a city curfew interferes with parents trying to set rules for their own children to follow.…

    • 1304 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Up until 2002 there was not really any monitoring of the alcohol industry self-regulation. “In that year the Center on Alcohol Marketing and Youth at Georgetown University (CAMY) was created to monitor alcohol company marketing practices in the United States in order to provide an independent review of the industry’s practices and to offer a factual basis to debates over youth exposure to alcohol advertising occurring in that country”. Billions and billions of dollars are spent yearly on advertising in the form of “measured” media. “CAMY has concentrated on these so called forms of “measured” media, although the Federal Trade Commission (FTC) has projected that two to three times the yearly amount is spent on unmeasured advertisings such as sponsorships, giveaways, point-of-purchase promotions, and clothing with alcohol brand logos and special events” .…

    • 843 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Has justice been served? In the murder case of Russell Douglas, I feel that justice was served. Yes, justice has prevailed. I do feel that Thomas should had perhaps gotten a few more years, as I feel that the murder would not had taken place if Thomas had not lured Douglas into the woods. And if the allegations the defendants Prosecuting Attorney stated was true of Douglas beating his wife and children. Measures could had been taken to protect Thomas and her children, ultimately keeping her with her children, free from both harm and prison. As there is the judicial system that is there to protect abused women and…

    • 1497 Words
    • 6 Pages
    Better Essays
  • Good Essays

    The First Amendment to the United States Constitution protects five fundamental freedoms: religion, speech, press, assembly, and the right to petition the government for redress of grievances. These freedoms collectively form the bedrock of individual liberty, creating an environment where citizens can express themselves, participate in civic life, and hold their government accountable. Freedom of religion ensures that individuals have the right to practice their faith or choose not to, without interference from the government. Freedom of speech guarantees the right to express opinions and ideas, even those that may be unpopular or controversial; this freedom extends beyond mere verbal expression to encompass artistic, symbolic, and symbolic…

    • 1341 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    drinking

    • 670 Words
    • 3 Pages

    If an industry leader like Anheuser-Busch were to try and start an ad campaign to lower the drinking age, in addition to teaching teens safe drinking habits and the consequences of binge drinking, they…

    • 670 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    Through the study of laws, ethical principles and court judgments, this course will introduce students to important legal and ethical issues that they may encounter within a business organization.…

    • 2139 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    “Youth exposure to alcohol advertising on U.S. television increased seventy-one percent between 2001 and 2009 … according to an analysis from the Center on Alcohol marketing and youth (CAMY) at the John Hopkins Bloomberg School of Public Health. Johns Hopkins University, Youth Exposure to Alcohol Ads on TV Growing Faster than Adults (2010), http://www.camy.org/research/Youth_Exposure_to_Alcohol_Ads_on_TV_Growing_Faster_Than_Adults/index.html. A large factor in the increase of youth exposure is that these advertisements are being aired during programming targeted at underage audiences. The majority of alcohol advertisements appeal to youth through the “use of animals, cartoons, humor, music, athletics, and themes of belonging and friendship.” George A. Hacker, Alcohol Advertising: Are Our Kids Collateral or Intended Targets (2002), http://www.cspinet.org/booze/alcohol_advertising_targets.htm. With advertisements normalizing the use of alcohol America’s youth are more inclined to utilize the…

    • 1089 Words
    • 5 Pages
    Good Essays
  • Good Essays

    In the course of this report, it will show the comparison of the ethical aspect of two well-known corporate giants, Enron and Bernie Madoff. The first subject Bernard Lawrence "Bernie" Madoff, Broker, Investment guru, Financier. Once herald as a financial king, he in his reign overnight turned white collar criminal, which led to a quick and easy demise. Second, Enron Corporation, known for energy and commodities, services, and well known for being a major player in the electricity and natural gas, and communication, pulp and paper company, crumbled to its knees into bankruptcy in the early 2000s. The question is, at the height of both these two companies, what went wrong. Where was the ethical breakdown? The who, what when and the why will be the focus of this report. Bernie Madoff, former chair of NASDAQ, started his parent company on Wall Street Bernie L. Madoff Investment Securities LLC, 1960 it was as the top of its game-bypassing firms who were specialist in the field of finance. Hijacked by Madoff’s firm with their signature OTC…Over the Counter orders with brokers. The company employed family and close friends that comprised of his brother Peter, Managing Director, his niece (peter’s daughter) Shana Madoff, compliance officer and attorney, and his two son’s Mark and Andrew. It was told by Madoff’s sons that their father made damaging statements, and confessed to them that the business was a lie, that it was a Ponzi scheme from the beginning, which led Federal agents to arrest Madoff, and all those involved. Madoff told authorities that the scheme began in 1990, but according to the FBI, it was started early as the 1970s. It has been reported that Madoff’s trial of deceit led his scheme to accumulate as much as $65 billion, with a reported…

    • 957 Words
    • 4 Pages
    Good Essays
  • Good Essays

    References: Miller, Jentz. Business Law Today: Comprehensive, 9th Edition. South Western Educational Publishing, 01/2011. .…

    • 776 Words
    • 4 Pages
    Good Essays
  • Good Essays

    References: Cheeseman, H. R. (2013). The legal environment of business and online commerce: Business ethics, e-commerce, regulatory, and international issues (7th ed.). NJ: Prentice Hall.…

    • 2484 Words
    • 8 Pages
    Good Essays