Alleging violation of constitutional right to free speech

Assignment Help Operation Management

Reference no: EM132125046

1. Before bringing a lawsuit alleging violation of the constitutional right to free speech, what is one of the first things you must prove?

a. You must show that a state action was involved -- that is, that your rights were denied by a government activity, rather than a private entity's activity

b. You must show that you are a member of a protected class

c. You must show that there was a taking for public use without just compensation

d. You must show that you suffered actual damages as a result of the deprivation of your rights

2. Gunther owns a small bistro in Petoskey, Michigan. Gunther also holds a "bistro license," a type of business license that allows the bistro to sell certain types of alcoholic beverages. Particularly in the summer months when tourist season is full swing in Petoskey, the bistro makes a large percentage of its profits from the sale of alcoholic beverages.

In May 2012, the Petoskey City Council holds a closed-door meeting to discuss recent complaints that "some establishments" have been hurting the "historical feel" of the Petoskey downtown area by serving wines that were not made in Michigan. The Council decides to revoke the bistro license from Gunther's bistro, effective immediately.

If Gunther challenges this action (as he most certainly will), what is his best argument?

a. The City of Petoskey violated his procedural due process rights

b. The City of Petoskey's actions are preempted by federal law

c. The City of Petoskey violated his right to free commercial speech

d. The City of Petoskey violated his right to equal protection

Reference no: EM132125046

Questions Cloud

How you would avoid making a subjective hiring decision : Describe two job analysis methods would you use and tell why you would use them. How would these methods benefit both the employee and the employer?

Distribution from an area such as business : How does sampling distribution from an area such as business, and sports, used in marketing

What is the probability of accepting a piece of lumber : a) What is the probability of accepting a piece of lumber? b) What is the probability of getting a #2 Grade piece?

What is the probability that a tree selected : a) What is the probability that a tree selected at random will be a Douglas-fir? b) What is the probability that a tree selected at random will not be a Hemloc

Alleging violation of constitutional right to free speech : Before bringing a lawsuit alleging violation of the constitutional right to free speech, what is one of the first things you must prove?

What is the probability that at least one out of four shots : What is the probability that at least one out of four shots will hit the target?

Response time of healthy subjects : Suppose it is known that the response time of healthy subjects to a particular stimulus is a normally distributed random variable

What is the probability that a respondent uses the train : 1) What is the probability that a respondent uses the train? 2) What is the probability a randomly chosen respondent is from out of state and uses the bus

What percentage of scores are greater : What percentage of scores are greater than 1842 and if needed round to the nearest decimal

User Account

All Pages